PERJANJIAN DALAM KHITBAH PERSPEKTIF MAQASID AL-USRAH (STUDI KHITBAH DI DESA MULO, WONOSARI, GUNUNGKIDUL)

M. Saeful Amri, NIM.: 18203010129 (2021) PERJANJIAN DALAM KHITBAH PERSPEKTIF MAQASID AL-USRAH (STUDI KHITBAH DI DESA MULO, WONOSARI, GUNUNGKIDUL). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The study of engagement needs serious attention, especially regarding the cancellation of engagement, because the position of engagement is the first step towards a sacred marriage, therefore it is necessary to have a rule that binds the engagement relationship to get to marriage. Because the cancellation of engagement is very detrimental to one of the parties left behind. This is also what happened to the people of Mulo Village, Wonosari District, Gunungkidul Regency. Cancellation of engagement has a had bad impact on the woman and her family. Therefore, a letter of agreement was made in the engagement so that the engagement relationship reached marriage. For this reason, in this study, the authors formulated two problem formulations as follows: (1) what factors caused the existence of an engagement letter in Mulo Village? And, (2) what is the view of maqāṣid al-usrah on the agreement letter in engagement. This research is both field research and library research using philosophical approach. The method of data analysis uses a qualitative data analysis model. Meanwhile, in collecting data, the authors used the method of observation, interviews, and documentation. The study results stated that the existence of a letter of agreement in the engagement was due to three things; (1) Due to past events, engagement cancellations often occur unilaterally and are detrimental to the other party. (2) Due to the impact of the cancellation of the engagement, the women of Mulo Village suffered losses, not only moral losses but also material and time losses. and (3) Because of the protection of women, protecting them from violations and fraud in the engagement, there is a guarantee and commitment from the engagement relationship to marriage. The perspective of Maqāṣid al-usrah on the agreement in the engagement is as a reinterpretation of the purpose of marriage law which is described in three ways; (1) regulates the relationship between two types of people, that the engagement is built based on recognizing each other not based on offense or deception. (2) Maintaining human survival through marriage, and the letter of agreement in the engagement leads the relationship to marriage. And (3) creating a sakīnah mawaddah wa raħmah married life. Engagement is the first step in building a sacred marriage relationship. Through a letter of agreement in engagement, each self must recognize the character and personality of his partner well, and by knowing all of that the purpose of marriage is easily realized.

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