<![CDATA[Socio-economic transformation has shifted the configuration of roles within the household, leading to the emergence of the phenomenon where wives act as the primary breadwinners (female breadwinner). This condition raises questions regarding the relevance of equal division of marital property (50:50) as mandated by Article 97 of the Compilation of Islamic Law (KHI). This study aims to analyze the argumentative basis for the proportionality of marital property division in the female breadwinner phenomenon and to examine the application of gender justice principles in Islamic law as an alternative normative framework to achieve substantive justice. The research method employed is normative juridical with statutory, conceptual, and case approaches. The legal materials were analyzed qualitatively using a descriptive-prescriptive content analysis method. The results of the study show that religious court practices, such as in the South Jakarta Religious Court Decision Number 3522/Pdt.G/2020/PA.JS, still tend to apply Article 97 of the KHI textually and rigidly by equally dividing marital assets despite the wife's highly dominant economic contribution. Furthermore, disparities and vertical inconsistencies were found across different court levels in responding to this imbalance of economic contributions. In fact, the integration of substantive justice theory, progressive law, the principle of al-'adl wal musawah, the Islamic legal maxim of al-ghunmu bil ghurmi, and the double burden theory provides a solid operational foundation to carry out legal breakthroughs. The implication of this study urges Religious Court judges to optimize their discretionary authority through progressive and gender-responsive legal interpretations, so that the division of marital property can be proportionally adjusted to the actual contributions of each party to uphold substantive and contextual justice.]]>
