Open AccessMarital Beslag Outside Divorce Lawsuit in the Maqashid Syari’ah Perspective
Author(s) -
Riza Mulia
Publication year - 2020
Publication title -
samarah
Language(s) - English
Resource type - Journals
eISSN - 2549-3167
pISSN - 2549-3132
DOI - 10.22373/sjhk.v4i2.7052
Subject(s) - element (criminal law) , context (archaeology) , property (philosophy) , family law , sociology , meaning (existential) , law , sharia , normative , perspective (graphical) , islam , law and economics , business , political science , epistemology , philosophy , history , mathematics , geometry , theology , archaeology
The law of marriage seeks to protect joint property in the marriage bond with the hope that a quality family can be formed without any problems. Rules in law provide various reasons for formal legal guarantees for the protection of joint assets. This reason also does not escape the view of Islamic law through maqashid syar'iyah. This paper uses a normative approach. The focus of the problem in this paper is the objective of applying marital beslag outside of a divorce suit from the viewpoint of maqashid syar'iyah. The results showed that the provisions for marital beslag outside of a divorce suit were intended to maintain human needs from the financial aspect of the family that could sustain the family. In this context, protection of property helps maintain relationships between individuals (families) through the meaning contained in the text, where confiscation contains an element of family care which is also the goal of the maqasid.