Implementasi Pre-Nuptial Agreement (Perjanjian Perkawinan) Terkait Pemisahan Harta dalam Mewujudkan Stabilitas Ekonomi Keluarga Islami

Abstract

This research aims to analyze the implementation of pre-nuptial agreements regarding the separation of assets in achieving Islamic family economic stability. Although often considered taboo in Indonesian culture, pre-nuptial agreements are increasingly recognized as an essential financial risk mitigation instrument. Using a qualitative method with a socio-legal approach, this study evaluates how the separation of assets functions as a safeguard for the wife's economic rights and family resilience through the lens of Maqashid Sharia. The findings indicate that the implementation of such agreements provides legal certainty and asset protection against external risks, such as business bankruptcy of one spouse. Teologically, this practice aligns with the Islamic principle of the wife's financial independence (dzimmah maliyah). In conclusion, pre-nuptial agreements do not diminish the essence of marriage as a form of worship; rather, they strengthen the pillars of justice and transparency. Economic stability resulting from clear asset status is proven to minimize domestic conflicts, thereby creating families that are more resilient to modern economic dynamics. This study recommends further education on the legal literacy of marriage agreements within religious institutions to eliminate the negative stigma prevalent in society.