IMPLIKASI PEMBUATAN PERJANJIAN PERKAWINAN TERHADAP TUJUAN PERKAWINAN (TINJAUAN MAQÂSHID AL-SYARÎʻAH IBN ‘ÂSYÛR)

Abstract

This normative research is present to analyze the implications of marriage covenant-making on the purpose of marriage using the perspective of maqâshid al-syarîʻah Ibn 'Âsyûr. The presence of the decision of MK No. 69 / PUU / XIII / 2015, overhauling the clause related to the period of making marriage agreements. Thus, the marriage agreement that should initially only be made before or when the marriage took place, with thepresence of the court's decision can be made during the marriage bond. The implication of the agreement in marriage is to provide more legal protection, the form is the protection of property rights or the right to build a property, and in the end the prospective or married couple will increasingly focus on maqashid al-nikah that is to create a family full of peace, peace and be overwhelmed with love among couples.