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All Journal Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam AT TARIIZ : Jurnal Ekonomi dan Bisnis Islam
Muhammad Aulia Rahman
Universitas Islam Negeri Palangka Raya
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perjanjian Perkawinan Sebagai Alat Perlindungan Hukum: Studi Perbandingan Antara Indonesia, Malaysia, Dan Singapura Akhmad Kamil Rizani; Ahmad Dakhoir; Aris Sunandar Suradilaga; Muhammad Aulia Rahman
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 7 No. 1 (2026): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v7i1.53218

Abstract

This study aims to analyze and compare the regulation of marital agreements as instruments of legal protection within the family law systems of Indonesia, Malaysia, and Singapore. The study departs from the transformation of the classical Islamic law concept of taklik talak into modern positive legal constructions that accommodate the need to protect the rights and obligations of spouses. This research employs a normative legal method using statutory, conceptual, and comparative approaches. The legal materials consist of statutory regulations, classical and contemporary fiqh doctrines, academic literature, and relevant court decisions. The results of the study show that in Indonesia, the regulation of marriage agreements is contained in Undang-Undang Nomor 16 Tahun 2019, Kompilasi Hukum Islam, and Kitab Undang-Undang Hukum Perdata, characterized by increased flexibility following a Constitutional Court decision allowing agreements to be concluded after the marriage has taken place. In Malaysia, the regulation is more systematically structured under the Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984, which positions taklik as an integral component of Islamic family law administration. Meanwhile, in Singapore, the regulation falls within the framework of the Administration of Muslim Law Act 1966, which institutionally integrates Sharia principles into the national legal system. Comparatively, the three countries share similarities in recognizing marital agreements as preventive instruments of legal protection, yet they differ in terms of formation procedures, validation mechanisms, and binding force. The study concludes that the effectiveness of marital agreements is significantly influenced by each country’s normative design and institutional legal structure. Therefore, strengthening regulatory frameworks and harmonizing legal protection principles based on justice and legal certainty are urgent necessities for the development of Islamic family law in Southeast Asia.
SISTEM BUY NOW PAY LATER, SEBUAH “PERBUDAKAN” MASA KINI: MASALAH DAN SOLUSI Muhammad Aulia Rahman; Agustina Rahayu Husein; Adied Najiyurrahman
AT TARIIZ : Jurnal Ekonomi dan Bisnis Islam Vol 5 No 01 (2025): AT TARIIZ : JURNAL EKONOMI DAN BISNIS ISLAM
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/attariiz.v5i01.2216

Abstract

The rapid development of information and communication technology has brought various conveniences, particularly in the financial technology sector through the Buy Now Pay Later (BNPL) system, which allows consumers to purchase goods without upfront payment. Based on literature review and analytical reflection, this study identifies several hidden risks of BNPL usage, including the increase of consumptive behavior that encourages individuals to continuously work in order to repay installments accompanied by additional fees and late payment penalties. Such conditions potentially lead to both material and psychological losses. Islam explicitly prohibits extravagance as stated in Qur'an Surah Al-Isra verse 27 and warns against transactions containing elements of usury (riba), which may result in social and moral harm. This study argues that BNPL may function as a form of modern economic enslavement when used excessively and without proper financial awareness. Therefore, the proposed solutions include adopting a minimalist lifestyle and cultivating the value of qana’ah (contentment) as preventive measures to reduce dependence on BNPL and to promote financial responsibility in accordance with Islamic economic principles.
Co-Authors Adied Najiyurrahman Agustina Rahayu Husein Ahmad Dakhoir Akhmad Kamil Rizani Aris Sunandar Suradilaga