RELEVANSI PERJANJIAN PRANIKAH ADAT ETARFAT DALAM PERSPEKTIF MAQASHID SYARIAH: HIFZ AL-NASL DAN HIFZ AL-MAL

Abstract

This study aims to analyze the relevance of the Etarfat customary prenuptial agreement from the perspective of Maqashid Shariah, particularly the dimensions of hifz al-nasl (protection of lineage) and hifz al-mal (protection of wealth). The Etarfat ceremony, practiced in Waru Village, Teluk Waru District, East Seram Regency, is a social agreement involving four clans as witnesses and moral guarantors. This research employs a qualitative case study approach, using in-depth interviews with customary leaders, couples who have undergone the ceremony, and village officials. Data were analyzed descriptively and inductively to identify patterns and meanings relevant to Maqashid Shariah and Islamic family law. The findings reveal that the Etarfat prenuptial agreement has a clear structure, consistent implementation, and values aligned with shariah principles. The dimension of hifz al-nasl is reflected in the regulation of the husband’s responsibilities toward his wife and children, preventing lineage disruption due to family conflicts. Meanwhile, hifz al-mal is manifested in the regulation of family property, ensuring justice and welfare. This customary practice does not contradict Islamic family law as stipulated in Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 and the Compilation of Islamic Law (KHI); rather, it reinforces principles of justice and protection in marriage. Therefore, the Etarfat prenuptial agreement can be regarded as local wisdom that is highly relevant to Maqashid Shariah and supports family welfare within society.

Keywords: Prenuptial agreement, Etarfat custom, maqashid shariah,