%0 Thesis
%9 Masters
%A Abdul Ilah, NIM.: 22203011084
%B FAKULTAS SYARIAH DAN HUKUM
%D 2026
%F digilib:78905
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Syurut Fi Al-Nikah, Mahr Misl, Waliyyat Mal, Perjanjian Perkawinan, Imam Asy-Syafiʿi, Kitab Al-Umm
%P 143
%T PENJENJANGAN SYARAT NIKAH DALAM PERJANJIAN PRA NIKAH MENURUT IMAM SYAFI’I DAN RELEVANSINYA DALAM PENGEMBANGAN HUKUM POSITIF
%U https://digilib.uin-suka.ac.id/id/eprint/78905/
%X The marriage agreement occupies a paradoxical position within Indonesia's Islamic family law. On the one hand, it is formally recognized through Article 29 of Law Number 1 of 1974 and further expanded by Constitutional Court Decision Number 69/PUU-XIII/2015, which permits agreements to be made even during the course of marriage. On the other hand, its conceptual roots in classical jurisprudence are rarely traced directly to their primary sources, so that scholarly discourse tends to stop at the question of formal validity rather than the deeper juristic question of what legal consequences arise when a stipulated condition is violated or defective. This study addresses that gap by examining the doctrine of syurūt fī al-nikāh (conditions stipulated within the marriage contract) as formulated by Imam al-Shāfiʿī in his Kitāb al-Umm, and by asking how he determines the legal status of such conditions, what reasoning underlies the gradation of their consequences, and how far his view remains relevant to the construction of the marriage agreement in Indonesian positive law after the aforementioned Constitutional Court decision.  This research is a library-based (doctrinal) study that treats the Kitāb al-Umm as its primary source, supplemented by the Risālah, Law Number 1 of 1974, the Compilation of Islamic Law, and Constitutional Court Decision Number 69/PUU-XIII/2015 as secondary sources. It is descriptive-analytical and interpretive in nature. Rather than imposing an external theory upon the text, the analytical framework grows from within al-Shāfiʿī's own juristic reasoning, read directly from his ʿibārāt (textual expressions), and rests on three interlocking foundations: tracing the reasoning behind the determination of each condition, reading the orientation toward the protection of the woman's property embedded therein, and appraising the relevance of the findings to positive law. The data were gathered through documentation and analyzed through qualitative content analysis, proceeding from reduction and presentation to a reconstructive drawing of conclusions.  The study finds that al-Shāfiʿī does not treat stipulated conditions uniformly but grades them according to their effect upon the essence of the contract, yielding three tiers of consequence: conditions that nullify the contract in its entirety (as in mutʿah and syigār), conditions that are themselves void while the contract remains valid (the doctrine of al-nikāh jāʾiz wa al-syart bātil), and void conditions that entail a shift of the dower toward mahr misl. The underlying reasoning rests on the distinction between defects touching the essence of the contract and those touching only ancillary rights, a gradation consistently oriented toward protecting the woman as full owner of her property (waliyyat māl). This gradation offers a conceptual contribution absent from positive law, which tends to assess the marriage agreement as a single formal whole: it enables a per-substance appraisal of a defective clause and can enrich the way religious court judges weigh the legal effect of problematic stipulations after Constitutional Court Decision Number 69/PUU-XIII/2015.
%Z Dr. Mansur, S.Ag., M.Ag.