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All Journal Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Priviet Social Sciences Journal
Nurul Azkia
UIN Antasari Banjarmasin, Indonesia
Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Larangan Tinggal Bersama Suami Istri Sebelum Walimatul ‘Ursy dalam Perspektif Hukum Islam: Antara Ketentuan Syariah dan Dominasi Adat Nurul Azkia
Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Vol. 24 No. 2 (2025): Islam, Local Wisdom, and Social Transformation in Contemporary Muslim Societie
Publisher : Pascasarjana UIN ANTASARI Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/albanjari.v24i2.17876

Abstract

The practice of prohibiting married couples from living together after the marriage contract but before the walimatul ‘ursy (commonly known as nikah gantung) remains socially binding in Hamayung Village, Hulu Sungai Selatan. This practice has generated controversy because it delays the exercise of spousal rights and obligations that, under Islamic law, should take effect immediately upon the conclusion of the marriage contract. As such, nikah gantung reflects a tension between the legal certainty of Islamic law and the dominance of customary norms as living law. This study aims to assess the compatibility of nikah gantung with Islamic legal principles through the frameworks of urf and maqasid al-shariah. The research adopts a normative Islamic legal (juridical-fiqhiyyah) method combined with a socio-legal approach, drawing on classical and contemporary fiqh literature, usul al-fiqh sources, statutory regulations, and limited field data to contextualize the practice. Data are analyzed qualitatively through takyif fiqhi, evaluation of urf, and maqasid-based assessment. The findings indicate that postponement of post-contractual rights may be permissible when it is voluntary and grounded in legitimate sharia-based reasons; however, the practice in Hamayung Village is collective, coercive, and reinforced by social sanctions, effectively transforming the recommended walimatul ‘ursy into a de facto legal condition. Consequently, this practice cannot be classified as urf sahih and contradicts legal certainty and family welfare. The study recommends strengthening legal awareness and repositioning customary norms to align with the objectives of Islamic law.
The legal convergence of prenuptial agreements: An analysis of the marriage law, Islamic law compilation, and constitutional jurisprudence Ahmad Mubarak; Novy Listiana; Nurul Azkia; Muhamad Rahmani Abduh; Iqnaul Umam Ashidiqi
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.928

Abstract

A prenuptial agreement is an important instrument in marriage law that regulates agreements between prospective spouses to arrange their rights, obligations, and property prior to marriage. The study of prenuptial agreements is particularly urgent in the modern context, where social and economic dynamics continue to evolve and influence family life. This study aims to examine, from a legal perspective, how prenuptial agreements are regulated in Indonesian civil law, their implementation in society, and their legal implications for the division of property and safeguarding each party's rights following marriage. The research method used is a normative method, using the analysis of legal documents and related literature, as well as case studies to demonstrate how prenuptial agreements are used in practice. The study’s results found that prenuptial agreements possess enforceable legal authority as long as they meet the requirements of a valid agreement according to the Civil Code and applicable laws and regulations, including the Marriage Law. These agreements serve to avoid property disputes at the end of a marriage through divorce or death. However, it is of paramount importance that legal convergence regarding prenuptial agreements is achieved. Similarly, the role of the notary as an authorized official is crucial in providing optimal legal protection. The legal implications of prenuptial agreements are vital for ensuring legal certainty for couples, particularly concerning the division of joint property, which can be adjusted to the parties' wishes in accordance with the initial agreement
Co-Authors Ahmad Mubarak Iqnaul Umam Ashidiqi Muhamad Rahmani Abduh Novy Listiana