@mastersthesis{digilib78907,
           month = {August},
           title = {PELEPASAN HAK ISTRI DALAM PERKAWINAN ANALISIS MAQASID AL-USRAH TERHADAP PERSONAL STATUS LAW 2022 SAUDI ARABIA},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 22203011085 Zila Muzdalifah Prihandini},
            year = {2026},
            note = {Prof. Dr. Ahmad Bunyan, S.Ag., M.Ag., M.A.},
        keywords = {Pelepasan Hak Istri, Tanazul, Personal Status Law 2022, Maqasid Al-Usrah, Nikah Misyar, Kodifikasi Hukum Keluarga Islam},
             url = {https://digilib.uin-suka.ac.id/id/eprint/78907/},
        abstract = {The codification of Islamic family law through Saudi Arabia's Personal Status Law (PSL) 2022 situates the country at the tension point between spousal autonomy to define the marital relationship and the state's duty to protect the vulnerable party{--}a tension that surfaces precisely in the question of a wife's waiver of her rights to maintenance, housing, and conjugal turn. This study aims to analyse the normative construction of the wife's waiver of rights in Islamic jurisprudence, including the boundary between waivable rights and rights inherent to the contract; to map its regulation and legal standing within PSL 2022; and to appraise it through Jam{\=a}ludd{\=i}n ?Atiyyah's framework of maq{\=a}sid al-usrah (the objectives of the family).
This is normative legal (juridical-normative) research with a philosophi al-Maq{\=a}sid approach, conducted qualitatively through descriptive-analytical library research. The primary legal material is the text of Saudi PSL 2022 together with its 2025 Implementing Regulations, supported by secondary sources comprising classical fiqh works, ?Atiyyah's writings on maq{\=a}sid al-usrah, and contemporary Islamic legal literature, gathered through academic databases and regulatory documentation. The data were examined through content analysis of PSL 2022 provisions, filtered epistemologically through the seven dimensions of maq{\=a}sid al-usrah.
The study finds that a wife's waiver of financial rights is essentially isq{\=a}t al-mutalabah (suspension of the claim) rather than Isq{\=a}t al-haqq (extinction of the right itself), so that the underlying right remains attached to the contract and may be reclaimed; PSL 2022 affirms this by designating maintenance as a preferential debt (dayn, Article 49) that is not forfeited by the wife's financial independence (Article 44) nor without explicit ibr{\=a}? (Article 52), while entrenching a firm red line prohibiting the waiver of children's rights and custody as khul? compensation (Articles 100 and 131). The maq{\=a}sid{\=i} examination shows that PSL 2022 safeguards the codifiable dimensions hifz al-nasl, hifz al-nasab, and the core of financial ordering yet leaves residual vulnerability in the dimensions that demand sustained function, namely tranquillity (sakan) and the institutional orientation of the family, especially in its most extreme manifestation, misyar marriage. The study concludes that a wife's waiver of rights cannot be judged monolithically, as it stands at the crossroads between legitimate autonomy and vulnerability requiring protection; it is justified only insofar as it expresses equal autonomy and does not breach the dar{\=u}r{\=i} limits of the family's objectives or the rights of third parties. The structural weakness of PSL 2022 lies in the absence of pre-contract verification to ascertain the authenticity of the wife's consent; the study therefore recommends strengthening pre-nuptial verification instruments and a maq{\=a}sid-based teleological approach in family adjudication, with comparative relevance for the problem of unregistered marriage in Indonesia.}
}