PERJANJIAN PERKAWINAN PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA

Abstrak

A marriage contract in Islamic law is an agreement between a prospective husband and wife that regulates their rights and obligations beyond the basic marriage contract. This agreement is considered valid as long as it does not conflict with the principles of sharia and Islamic covenants. In Indonesia, a marriage contract is regulated by Article 45, which permits prospective brides and grooms to enter into agreements regarding ta'liq thalaq (conditions for divorce) and other agreements that do not conflict with Islamic law. Scholars differ on the validity of certain conditions in such agreements, particularly those proposed by the wife, such as the prohibition on polygamy. A mutually agreed-upon marriage contract, particularly regarding marital property, must comply with the law, decency, and public order, and adhere to general regulations regarding prohibitions within the marriage contract. This is in accordance with the principle of balance found in legislation. The purpose of a marriage agreement is to provide legal certainty and protection of the rights and obligations of husband and wife, especially regarding property, anticipate future disputes, clearly separate personal property and joint property, protect the interests of each party (including children), and serve as a "safety net" in the event of conflict or divorce, without eliminating the main purpose of marriage, namely building a happy family.