Qonuni: Jurnal Hukum dan Pengkajian Islam
Vol. 3 No. 2 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam

Untung Rugi Perjanjian Pra-Nikah: Analisis Yuridis Islam dan Hukum Positif

Asep Ubaidillah (Universitas PTIQ Jakarta)



Article Info

Publish Date
31 Dec 2023

Abstract

his study aims to analyze the views of Islamic scholars on prenuptial agreements in the perspective of Islamic jurisprudence (fiqh) in Indonesia. The research method used is document analysis of relevant fatwas from various sources, such as official websites of fatwa institutions, fiqh books, and scholarly articles discussing prenuptial agreements. The study shows that Islamic scholars do not oppose prenuptial agreements with certain conditions; in fact, they view it as a way to prevent conflicts by clearly defining the rights and obligations of couples. Although permitted in Islam, agreements must be made in good faith and in accordance with religious values and principles of justice. This study enriches the understanding of the practice of prenuptial agreements in Islam and its relevance in Indonesian Muslim society. The findings are expected to guide the government, prospective couples, and researchers in developing policies and further research related to modern marriage in Indonesia.

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Journal Info

Abbrev

qonuni

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Qonuni: Jurnal Hukum dan Pengkajian Islam focuses on Islamic law and presents developments through the publication of articles and research reports. Scope Qonuni: Jurnal Hukum dan Pengkajian Islam specializes in Islamic law and is intended to communicate original research and current issues on the ...