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Ahmad Mubarak
UIN Antasari
Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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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
Legal protection for wives in the encumbrance of joint marital property as collateral in sharia financing: Toward a substantive consent–notarial or PPAT prudence model Ahmad Mubarak; Novy Listiana; Nisa Adelia; Habibah Lestari
Priviet Social Sciences Journal Vol. 6 No. 7 (2026): July 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i7.1941

Abstract

This article examines the legal protection of wives in the encumbrance of joint marital property as collateral in sharia financing agreements executed before a notary. In practice, collateral objects used in sharia financing, especially land or houses, are often registered under the husband’s name, although they were acquired during marriage and therefore constitute joint marital property. This situation may place the wife in a vulnerable position when her consent is treated merely as a formal administrative requirement. This research uses normative legal research with statutory and conceptual approaches. The legal materials consist of primary legal materials, including marriage law, notarial law, sharia banking law, mortgage law, and the Compilation of Sharia Economic Law, as well as secondary legal materials from books and legal journals. The study finds that the wife’s consent in the encumbrance of joint property must not be reduced to a mere signature in the notarial deed. Such consent must be understood as a substantive legal protection mechanism based on awareness, voluntariness, and adequate legal understanding. Notaries have a preventive role in ensuring the legal status of the collateral object, the capacity and free will of the parties, and the conformity of the deed with the principles of justice and prudence in sharia financing. Therefore, the notary’s role is essential in protecting the wife’s economic rights and preventing future disputes.
Co-Authors Habibah Lestari Iqnaul Umam Ashidiqi Muhamad Rahmani Abduh Nisa Adelia Novy Listiana Novy Listiana Nurul Azkia