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All Journal Jurnal Ushuluddin Jurnal Ilmiah Nusantara
Lenny Guspidawati
Universitas Islam Negeri Sultan Syarif Kasim Riau
Religion Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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Analisis Kaidah Fiqhiyyah Al-ʿādah Muḥakkamah Terhadap Konsep Perjanjian Perkawinan dalam Hukum Islam Lenny Guspidawati; Hendri Sayuti
JURNAL ILMIAH NUSANTARA Vol. 3 No. 1 (2026): Jurnal Ilmiah Nusantara Januari 2026
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v3i1.7862

Abstract

A marriage contract is a legal instrument that formalizes an agreement between husband and wife regarding certain aspects of married life, particularly those related to property, rights, and obligations. Within the framework of Islamic law, this concept receives significant attention from the perspective of qawāʿid fiqhiyyah, as both serve as methodological foundations for interpreting and applying Sharia law in accordance with maqāṣid al-sharīʿah. This article aims to analyze the concept of prenuptial agreements using an applied approach through qawāʿid fiqhiyyah to practical legal cases, as well as a conceptual and epistemological approach through uṣūl al-fiqh. Using descriptive qualitative methods and a literature review of classical sources such as al-Ashbāh wa al-Naẓāʾir by Imam al-Suyūṭī and al-Muwāfaqāt by Imam al-Shāṭibī, this study finds that prenuptial agreements have a valid Sharia basis as long as they do not conflict with the basic principles of Islamic law. Analysis based on legal principles such as al-ʿādah muḥakkamah (custom has legal force) shows the flexibility of Islamic law in accommodating socio-legal needs. From a fiqh perspective, this concept is in line with the objectives of Sharia in protecting property (ḥifẓ al-māl) and offspring (ḥifẓ al-nasl). Therefore, prenuptial agreements are not only administrative tools, but also reflect the implementation of Sharia values in family life.
Reconstructing Marriage Agreements in Islamic Family Law: An Integrative Analysis of Fiqh, Maqāṣid al-Syari'ah, and Indonesian Positive Law Lenny Guspidawati; Jumni Nelli
Jurnal Ushuluddin Vol. 33 No. 2 (2025): December
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/jush.v33i2.38552

Abstract

This study examines the reconstruction of the marriage agreement concept within Islamic family law by integrating classical–contemporary fiqh perspectives, the framework of maqāṣid al-sharī‘ah, and Indonesian positive law. Although marriage agreements have been widely discussed, previous studies tend to be fragmented and rarely combine these three analytical dimensions. Using a normative legal research method supported by conceptual, historical, and statutory approaches, this research finds that marriage agreements possess strong legitimacy within the Islamic legal tradition, grounded in the principles of al-maslahah, contractual stipulations (al-syurūṭ fī al-‘uqūd), and the inherent flexibility of mu‘āmalah. The maqāṣid al-sharī‘ah approach reveals that marriage agreements significantly contribute to the preservation of the five essential objectives of Islamic law: ḥifẓ al-māl, ḥifẓ al-nasl, ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-dīn. In the context of Indonesian positive law, Constitutional Court Decision No. 69/PUU-XIII/2015 expands the legal framework by allowing marriage agreements to be made after the marriage ceremony, reflecting a more progressive and responsive legal paradigm. This study concludes that an integrative reconstruction of marriage agreements can enhance stability, justice, and protection within Muslim families in Indonesia, and offers a substantial contribution to the development of family law reforms aligned with contemporary social dynamics
Co-Authors Hendri Sayuti Jumni Nelli