USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 1 (2026): Januari

LEGALITAS DAN IMPLEMENTASI PERJANJIAN PRA NIKAH DALAM PERLINDUNGAN HARTA PERKAWINAN MENURUT HUKUM ISLAM

Widya Firgina (Unknown)
Riyan Ramdani (Unknown)
Lena Ishelmiany Ziaharah (Unknown)



Article Info

Publish Date
02 Jan 2026

Abstract

Prenuptial agreements are legal instruments used to regulate the status and management of marital assets, particularly amidst the increasing complexity of modern household economies. Despite having a clear normative basis, their legality and implementation still face several obstacles, including a lack of public understanding and disparate interpretations in judicial practice. This study aims to examine the legal basis, validity according to Islamic law, and the implementation of prenuptial agreements in protecting marital assets. The approach used is normative juridical research with a qualitative analysis of laws and regulations, the Compilation of Islamic Law (KHI), fiqh literature, and religious court decisions. The results show that prenuptial agreements have strong legitimacy in positive law through Article 29 of the Marriage Law and Constitutional Court Decision No. 69/PUU-XIII/2015, and are based on sharia through the principles of al-wafā’ bil ‘uqūd and maqāṣid al-syarī‘ah. Their implementation includes regulating the separation of inherited assets, mechanisms for managing joint assets, protecting family assets, and regulating financial responsibility. The challenges that arise relate to social resistance and a lack of unified interpretation among legal authorities. This research's original contribution lies in formulating a harmonized framework between the concept of agreements in Islamic law and Indonesian positive law as a basis for strengthening mechanisms for protecting marital property.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...