TINJAUAN YURIDIS TERHADAP KAWIN KONTRAK DALAM PERSPEKTIF HUKUM PERJANJIAN DAN HUKUM ISLAM
ABSTRACT: The phenomenon of
marriage contract in Indonesia begins with the existence of an agreement
between both parties on the duration of marriage, dowry price, rights and obligation
as weel as anything else deemed necessary by the person. The contract is
contrary to the legitimate requirements of article 1320 Kitab Undang-Undang
Hukum Perdata, agreement that objective conditions relating to the lawful cause
and a certain thing.Agreement is null and void if no eligible objective
contract. Isamic law at first to justify the practice of temporary marriages,
but due to more negative sessions, then Allah SWT forbids marriage contract
until the day end. This is evidenced by the hadith narrated by Muslim. However,
althougt it has been in unlawful andprohibited, in fact temporary marriages
still occur in some areas in Indonesia, as peak area of Bogor, Jepaa, and
Singkawang.
Penulis: Mutiara Citra
Kode Jurnal: jphukumdd160459
