Gender Equality in Prenuptial Agreements from a Contemporary Islamic Family Law Perspective

Zahroni, Fatimatuz and Alwi, Bashori (2026) Gender Equality in Prenuptial Agreements from a Contemporary Islamic Family Law Perspective. Hakamain: Journal of Sharia and Laws Studies, 5 (1). pp. 95-110. ISSN 2962-9241

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Abstract

This study examines the role of prenuptial agreements in promoting gender equality within the framework of contemporary Islamic family law. The research aims to analyze the legal basis and practical relevance of prenuptial agreements as instruments for balancing the rights and obligations of spouses in marriage. This study employs normative legal research utilizing statutory, conceptual, and comparative approaches. Primary and secondary data consist of Islamic legal texts, family law regulations, judicial decisions, and contemporary scholarly literature on gender justice and Islamic jurisprudence (fiqh).

The findings reveal that prenuptial agreements extend beyond contractual arrangements concerning property ownership, functioning as legal mechanisms that provide greater certainty, transparency, and protection for both spouses. Contemporary Islamic family law increasingly recognizes contractual autonomy (hurriyyah al-ta'aqud), provided that the agreed terms do not contradict Islamic principles, public order, or morality. The study further demonstrates that prenuptial agreements contribute significantly to gender equality by protecting women’s economic rights, clarifying marital responsibilities, and minimizing disputes arising from structural bargaining inequalities within marriage. Their legitimacy is justified through foundational Islamic principles: mutual consent (an-taradin), contractual freedom, justice ('adl), and public interest (maslahah). The study concludes that prenuptial agreements constitute a valid legal instrument capable of advancing gender equality while remaining aligned with the core objectives of Islamic law (maqasid al-shari'ah). These findings enrich the literature on Islamic family law reform by offering a gender-sensitive interpretation of prenuptial contracts to strengthen equitable marital relations in contemporary Muslim societies.

Item Type:	Article
Uncontrolled Keywords:	Contractual Freedom, Gender Equality, Islamic Law, Marital Rights, Prenuptial Agreements
Subjects:	H Social Sciences > HQ The family. Marriage. Woman
Divisions:	Fakultas Agama Islam > S1 Hukum Keluarga
Depositing User:	Unnamed user with email fatimahzahroni01@gmail.com
Date Deposited:	19 Aug 2026 03:43
Last Modified:	10 Sep 2026 07:39
URI:	https://repository.unuja.ac.id/id/eprint/4213

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