Prenuptial Agreements in Indonesia and Malaysia: A Comparative Study on Marital Property Protection Based on Hifz al-Mal

Yudi, Ahmad (2026) Prenuptial Agreements in Indonesia and Malaysia: A Comparative Study on Marital Property Protection Based on Hifz al-Mal. Prenuptial Agreements in Indonesia and Malaysia: A Comparative Study on Marital Property Protection Based on Hifz al-Mal, 4 (2). ISSN 2827-7996

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Abstract

Prenuptial agreements have become an increasingly important legal instrument for protecting marital property amid the growing complexity of family financial relationships and post-divorce property disputes. However, existing studies primarily examine their legal validity within a single jurisdiction, and where comparative studies of Indonesia and Malaysia do exist, hifz al-mal is typically invoked only as a normative label to justify the practice rather than employed as a working framework to evaluate and compare how each legal system actually performs against its own objectives. This study aims to comparatively examine the legal regulation of prenuptial agreements in both countries by operationalising hifz al-mal into three evaluative indicators legal certainty, dispute prevention, and equitable economic protection and using them to assess, rather than merely describe, the regulatory frameworks of both jurisdictions. It employs normative legal research using statutory, comparative, conceptual, and Maqasid al-Shari'ah approaches, supplemented by illustrative case analysis of Indonesian Religious Court and Malaysian Shariah Court decisions on marital property disputes to ground the normative discussion in judicial practice. Legal materials were collected from legislation, the Compilation of Islamic Law, the Malaysian Islamic Family Law, court decisions, and scholarly

literature, and analyzed through qualitative comparative-prescriptive analysis. The findings reveal that both Indonesia and Malaysia recognize prenuptial agreements as legitimate mechanisms for protecting marital property, despite differences in their legal frameworks and implementation that carry distinct legal consequences for the parties involved. The principle of hifz al-mal provides not merely a normative foundation but an evaluative benchmark for strengthening legal certainty, economic justice, asset protection, and family welfare. The originality of this study lies in repositioning hifz al-mal from a legitimising label into an evaluative framework for comparative family law, integrated with illustrative empirical case material, offering a conceptual framework for the harmonization and future development of Islamic family law concerning marital property protection.

Item Type:	Article
Uncontrolled Keywords:	Prenuptial Agreement, Hifz al-Mal, Gono-Gini Property, Maqasid al-Syari’ah
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Agama Islam > S1 Hukum Keluarga
Depositing User:	Unnamed user with email ahmadyudii755@gmail.com
Date Deposited:	18 Aug 2026 07:18
Last Modified:	18 Aug 2026 07:18
URI:	https://repository.unuja.ac.id/id/eprint/4222

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