Indonesian Journal of Law and Syariah (IJLS)
Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah

The Dynamics of Marriage Agreements in Civil Law and Contemporary Islamic Law in Indonesia

Asrizal Saiin (STAIN Sultan Abdurrahman Kepulauan Riau)



Article Info

Publish Date
28 Nov 2025

Abstract

Marriage agreements play a strategic role in regulating the rights and obligations of spouses, particularly in relation to the ownership and management of property. This study aims to examine the differences in the regulation of prenuptial agreements under the Indonesian Civil Code (KUH Perdata) and the Compilation of Islamic Law (KHI), and to analyze the impact of the Constitutional Court Decision No. 69/PUU-XIII/2015 on the practice of marriage agreements in Indonesia. The research employs a normative juridical method using statutory and case study approaches, supported by literature reviews of relevant regulations, court rulings, and academic sources. The findings reveal that the Civil Code requires formal notarized agreements, while the KHI offers greater flexibility as long as the agreements align with sharia principles. The Constitutional Court’s decision broadens access to prenuptial arrangements but also brings administrative challenges and a lack of public awareness. This study highlights the importance of harmonizing national legal systems and religious norms to ensure fairer protection, particularly for women in marriage.

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Journal Info

Abbrev

ijls

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Syariah (IJLS) is a peer-reviewed journal that is committed to the publication of scholarship in the Law and Syariah. It particularly focuses on the study of the Criminal Law, Constitutional Law, Islamic Constitutional Law, Islamic Family Law, Islamic Economic Law, ...