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All Journal Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Ach Zakiyuddin
UIN Sunan Gunung Djati Bandung
Law, Crime, Criminology & Criminal Justice Social Sciences

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MARRIAGE AGREEMENT AS A EFFORT FORMING THE SAKINAH FAMILY Ach Zakiyuddin
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol 3, No 2 (2022): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v3i2.18790

Abstract

Premarital agreements are recognized by Indonesian positive law as binding on both parties, with the Marriage Registry Officer serving as the official witness. Furthermore, the aims of Islamic law and the secrets established by Allah for every Islamic law, including the marriage contract, are called maqasid al-syari ah. It may be inferred that the marriage contract is in compliance with maqasid al-syari ah, based on the study. Because it safeguards the constitutional rights of both the husband and the wife, a marriage contract may aid in the formation of a successful family. It is enough for "obedient" Muslims to refrain from transgressing Islamic law and the dread of punishment, but for "ordinary" Muslims, the Marriage Agreement is more effective and protective since it has a dual impact.
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