relation: https://digilib.uin-suka.ac.id/id/eprint/78907/
title: PELEPASAN HAK ISTRI DALAM PERKAWINAN ANALISIS MAQASID AL-USRAH TERHADAP PERSONAL STATUS LAW 2022 SAUDI ARABIA
creator: Zila Muzdalifah Prihandini, NIM.: 22203011085
subject: 346.01 Hukum Keluarga - Hukum Pernikahan
description: 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 Jamāluddīn ʿAtiyyah's framework of maqāsid al-usrah (the objectives of the family).  This is normative legal (juridical-normative) research with a philosophi al-Maqāsid 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, ʿAtiyyah's writings on maqāsid 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 maqāsid al-usrah.  The study finds that a wife's waiver of financial rights is essentially isqāt al-mutalabah (suspension of the claim) rather than Isqāt 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 ibrāʾ (Article 52), while entrenching a firm red line prohibiting the waiver of children's rights and custody as khulʿ compensation (Articles 100 and 131). The maqāsidī 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 darūrī 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 maqāsid-based teleological approach in family adjudication, with comparative relevance for the problem of unregistered marriage in Indonesia.
date: 2026-08-28
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/78907/1/22203011085_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/78907/2/22203011085_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Zila Muzdalifah Prihandini, NIM.: 22203011085  (2026) PELEPASAN HAK ISTRI DALAM PERKAWINAN ANALISIS MAQASID AL-USRAH TERHADAP PERSONAL STATUS LAW 2022 SAUDI ARABIA.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.