Perjanjian Kawin Sebagai Bentuk Perlindungan Hukum Bagi Pasangan Suami Istri (Perspektif Maqashid Syari’ah)

Abstract

The marriage agreement in Indonesia, regulates the property in marriage and the possessions of married couples. Empirical facts show that the marital couple disputes are not only caused by differences in property, but also triggered by other causes. This study aims to find and analyze and provide an understanding that the marriage agreement should not only be done to regulate property but rather lead to the rights and obligations and interests maqashid shariah. To the government and the House of Representatives, should make renewal of the marriage agreement agreement, not only contains the agreement about the property alone, but firmly explained that married couples can make a marriage agreement outside the agreement on the property. Should be made a separate rule that contains explicitly about the marriage agreement by considering the side of utilities (benefit) and based on maqashid shari'ah, and from the side of legal certainty that leads to the guarantee of protection for married couples.