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PENERAPAN PRINSIP PROPORSIONALITAS MATERIAL DAN NON MATERIAL DALAM PERJANJIAN PERKAWINAN DI YOGYAKARTA DITINJAU DARI MAQASID ASY-SYARI‘AH JASSER AUDA
This study aims to analyze the application of the proportionality principle in regulating rights and obligations within marriage agreements and to formulate an evaluative framework grounded in Jasser Auda's maqāṣid asy-sharī'ah as a more substantively just alternative approach. The urgency of this research is underscored by the growing prevalence of marriage agreements following Constitutional Court Decision Number 69/PUU-XIII/2015, which broadened the scope of eligible parties and the permissible timing for such agreements, yet without establishing adequate standards for substantive evaluation. In practice, marriage agreements tend to be drafted with a dominant focus on material interests, particularly the separation of marital assets, without a proportional regulation of corresponding obligations. This condition is further compounded by imbalanced bargaining positions between the parties and the formalistic approach adopted by legal practitioners, which frequently prevents the realization of substantive justice in marriage agreements. This study employs a qualitative, library-based research (library research) methodology with a descriptive-analytical character. The approaches used are the statute approach and the conceptual approach. Primary data sources include Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law (Kompilasi Hukum Islam), the Indonesian Civil Code, and Constitutional Court Decision Number 69/PUU-XIII/2015. Secondary data are drawn from academic journals, legal texts, undergraduate theses, and graduate theses. Data analysis is conducted using an integrated framework of Robert Alexy's proportionality theory and Jasser Auda's maqāṣid asy-sharī'ah theory as the primary analytical tools. The findings reveal two principal conclusions. First, the application of the proportionality principle in marriage agreements has not yet fully reflected a substantive balance of rights and obligations. Agreement provisions remain predominantly material in focus, the bargaining positions of the parties are frequently unequal, and evaluation of agreement clauses is largely confined to formal legality without engaging the deeper dimensions of justice. Second, when assessed through Jasser Auda's systemic and multidimensional maqāṣid asysharī'ah framework, marriage agreements ought to be oriented toward the protection of property (ḥifẓ al-māl), the preservation of life and relational wellbeing (ḥifẓ al-nafs), the safeguarding of intellect and informed consent (ḥifẓ al-'aql), and the continuity of the family (ḥifẓ al-nasl). Agreements drafted in a purely formalistic manner, without consideration of these dimensions, risk undermining the foundational objectives of Islamic law. This study contributes an integrative conceptual framework combining Robert Alexy's proportionality theory with Jasser Auda's maqāṣid asy-sharī'ah approach, which may serve as a normative foundation for legal practitioners, notaries, and policymakers in drafting and evaluating marriage agreement clauses that are not only formally valid but also substantively just and consistent with the overarching goals of Islamic family law.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENERAPAN PRINSIP PROPORSIONALITAS MATERIAL DAN NON MATERIAL DALAM PERJANJIAN PERKAWINAN DI YOGYAKARTA DITINJAU DARI MAQASID ASY-SYARI‘AH JASSER AUDA (Text)
PENERAPAN PRINSIP PROPORSIONALITAS MATERIAL DAN NON MATERIAL DALAM PERJANJIAN PERKAWINAN DI YOGYAKARTA DITINJAU DARI MAQASID ASY-SYARI‘AH JASSER AUDA (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)