HALAMAN JUDUL TINJAUAN HUKUM ISLAM TERHADAP PERJANJIAN PERKAWINAN ANTARA PASANGAN WNI DAN WNA DI KECAMATAN NGAGLIK TAHUN 2021

Ni’matun Musyafa’ah, NIM.: 18103050004 (2022) HALAMAN JUDUL TINJAUAN HUKUM ISLAM TERHADAP PERJANJIAN PERKAWINAN ANTARA PASANGAN WNI DAN WNA DI KECAMATAN NGAGLIK TAHUN 2021. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The practice of marriage agreements is still considered the same as making various rules so that it seems less in accordance with the purpose of marriage. Marriage agreements can be held as a preventive measure for conflicts in marriage. Agreements held in Indonesia are generally made to regulate joint assets, but the authors find agreements x and y which regulate other matters as additional material in the agreement. Another point that was agreed upon was that they would send their children to either pre-school or international school, so that the formulation of the problem in this research is 1. What are the materials of the marriage agreement between x and y? 2. How is the review of Indonesian Positive Law and Islamic law on the marriage agreement made by spouses x and y?. This research is a field research with analytical descriptive nature. The author collects and compiles the required data with interviews and documentation. The existing data were then analyzed by inductive method and the approach used in this study was a juridical-normative approach which was then drawn to general conclusions. Based on the analysis, it can be concluded that the practice of marriage agreements between x and y, both the procedure and the material of the agreement, are in accordance with the laws and regulations in Indonesia and Imam Ghazali's Maṣlaḥah Theory. What is regulated in this agreement is the separation of property in marriage and an agreement that children will be sent to international schools. Separation of assets with the aim of protecting assets in Indonesia. This agreement also regulates the pattern of fulfillment of needs in marriage. This arrangement is in accordance with the syara' purpose of maintaining property in marriage or hifẓu al-Māl. The arrangements related to the agreement to send children to international schools are to protect children's rights to get education. This is in accordance with the goal of syara' to maintain offspring or hifẓu an-nasl. In general, the existing agreement contains the value of hifẓu an-nafs because it aims to protect and defend the rights that are owned as individuals and citizens.

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