%A NIM.: 22103050144 Deryan Febriyandy
%O Ahmad Syaifudin Anwar, M.H.
%T PENERAPAN PRINSIP PROPORSIONALITAS MATERIAL DAN NON MATERIAL DALAM PERJANJIAN PERKAWINAN DI YOGYAKARTA DITINJAU DARI MAQASID ASY-SYARI‘AH JASSER AUDA
%X 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.
%K Perjanjian Perkawinan, Proporsionalitas, Hak - Kewajiban,
Maqasid asy-Syari‘ah, Jasser Auda, Keadilan Substantif
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib76951