ANALYSIS OF MAQASHID SHARI'AH ON TA’LIK TALAK AGREEMENT IN MARRIAGE

Candra, Anton Afrizal (2020) ANALYSIS OF MAQASHID SHARI'AH ON TA’LIK TALAK AGREEMENT IN MARRIAGE. Badan Penerbit Fakultas Hukum Universitas Indonesia. ISBN 978-602-5871-66-5

Text Buku Analysis of Maqashid Shari'ah On Ta’lik Talak.pdf - Published Version Download (1MB)

Abstract

In Indonesian Marriage Laws there are arrangements regarding marriage agreements. For example in article 46 paragraph (3) KHI which states that the divorce ta'lik talak agreement is not an agreement that must be entered into in every marriage. Ta’lik talak is divorce which falls on a particular case or agreed upon. However, once the divorce agreement has been promised, it cannot be revoked. if the husband violates the divorce ta’lik talak, the wife can file a divorce claim on the grounds that the violation ta’lik talak divorce goes to court The Religious Court makes the ta’lik talak as the reason for determining the termination of marriage based on the fact of the trial in the Religious Court that the ta’lik talak is the reason for the termination of marriage. Unlike the case with a marriage agreement that is regulated in Law No.1 of 1974 concerning Marriage containing maqashid “ hifzh al-nafs wa al-mal li ikhtiyati wa al-amanah wa al�kitabah li al-mashlahah ” take care of themselves, treasure for caution so that they keep their promises in writing for the benefit of both parties. However, it is different from ta'lik talak if it is seen as substantially it does not contain a very urgent meaning, because besides its unclear legal basis, it also turns out that talak ta'lik is an ordinary agreement, the talaq taklik case is likened to procedure with divorce. This research is based on normative legal research with a statutory approach and approach maqashid syari’ah

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