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ASAS KEMANFAATAN DALAM PERJANJIAN PERKAWINAN ISLAM DI INDONESIA Amirulhaq, Moh.
International Conference on Humanity Education and Society (ICHES) Vol. 3 No. 1 (2024): Third International Conference on Humanity Education and Society (ICHES)
Publisher : FORPIM PTKIS ZONA TAPAL KUDA

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Abstract

The marriage agreement is the result of various reforms in Islamic Family Law in Indonesia. As a product of positive law, a marriage agreement must contain justice, legal certainty and benefits. Marriage agreements are not known in classical fiqh. However, in its journey the marriage agreement began to gain space in legal arrangements in Indonesia. In addition, the marriage agreement, which is also a product of Islamic law, must also be viewed from the side of benefit, because benefit is considered the main goal of Islamic law itself. This paper aims to see and describe how many benefits are contained in marriage agreements in Indonesia. The author uses a qualitative method with a normative-descriptive approach, by collecting data sourced from books, articles and other literature which contains information about the principle of expediency in marriage agreements in Indonesia. This paper will describe the agreement on the principles of Islam. Then the author describes the principles of agreement in Islamic law, then the author explains the principles of benefits contained in a marriage agreement in Indonesia.