%0 Thesis
%9 Skripsi
%A Nur Nabilah, NIM.: 19103050015
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2023
%F digilib:61734
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K PMH, Wanprestasi, Maqaṣid Syari’ah.
%P 108
%T PENGINGKARAN JANJI MENIKAHI DALAM PERSPEKTIF MAQASID SYARI’AH (ANALISIS PERBANDINGAN PUTUSAN NOMOR 17/Pdt.G/2016/PN.Kds dan NOMOR 5/Pdt.G/2019/PN.Bms)
%U https://digilib.uin-suka.ac.id/id/eprint/61734/
%X Occasionally the decisions made by the panel of judges in determining  similar cases are not the same as the results of their decisions. The cases in  Judgment Number 5/Pdt.G/2019/PN.Bms and Number 17/Pdt.G/2016/PN.Kds are  the same type of case, namely about the breaking of a promise to marry. However,  the results of the decisions of the two cases are different, the panel of judges of  the Banyumas District Court decided the case as a tort case, while the panel of  judges of the Kudus District Court decided the case as a default case. This has led  to a big question regarding the difference in the results of decisions in similar  types of cases.  The type of research conducted by the author is normative legal research  with a literature study. The author uses maqāṣid sharī'ah theory as a perspective to  explore the Religious Court Decision. This is based on the reasoning that maqāṣid  syarī'ah is the core of the establishment of sharia which is oriented towards the  realization of the benefit of mankind. There are five objectives of Islamic law  including maintaining religion (hifẓ al-dīn), maintaining the soul (hifẓ al-nafs),  maintaining the intellect (hifẓ al-'aql), maintaining offspring (hifẓ al-nasl), and  maintaining property (hifẓ al-māl).  The author discovers that In Decision No. 5/Pdt.G/2019/Pn.Bms, the panel  of judges decided the case as a case of tort by referring to Article 1365 BW and  Supreme Court Jurisprudence number 3191 K/Pdt/1984 in this case because the  Plaintiff suffered material and immaterial losses in the form of shame and loss of  chastity due to the defendant's behavior. Meanwhile, Decision number  17/Pdt.G/Pn.Kds decided the case as a default case based on Article 1233 of the  Civil Code, in this case the Plaintiff suffered material losses in the form of  dependents for child care costs from pregnancy to birth and immaterial losses due  to pregnancy outside a legal marriage. when the legal basis used by the judge in  deciding a case is different, the resulting decision will also be different, even  though the case decided is similar. The judge's decision in these two similar cases  has partially fulfilled the benefits of the parties. It is said to be partial because  each case only fulfills some of the five elements of maqāṣid syarī'ah
%Z Pembimbing: Ahmad Syaifudin Anwar, M.H.