<![CDATA[This study aims to analyze the regulation of marital property after divorce through marital agreements by comparing civil law and the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), and to examine it from the perspective of maqāṣid al-sharī‘ah. This study employs a normative legal research method using statutory, conceptual, and comparative approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively. The findings indicate that, under civil law, the regulation of marital agreements is based on the provisions of the Indonesian Civil Code, Law Number 1 of 1974 concerning Marriage, as amended by Law Number 16 of 2019, and Constitutional Court Decision Number 69/PUU-XIII/2015. This decision expanded the possibility of entering into marital agreements, which were previously made before or at the time of marriage, to include agreements made during the marriage, provided that such agreements do not prejudice third parties in order to be binding upon them. Accordingly, differences in emphasis exist between civil law and the KHI, particularly regarding the regulation of marital agreements and the mechanisms for settling marital property after divorce. From the perspective of maqāṣid al-sharī‘ah, the settlement of marital property through an agreement between the parties may be consistent with the principles of ḥifẓ al-māl (protection of property), justice, and public interest (maṣlaḥah), provided that it does not contravene applicable legal provisions or prejudice the rights of other parties. This study concludes that agreements concerning the division of marital property after divorce must be conceptually distinguished from marital agreements entered into during the marriage. Therefore, greater clarity regarding the legal basis and settlement mechanisms is necessary to ensure legal certainty, protection of rights, and justice for the parties involved.]]>
