Hendri Saputra
Universitas Islam Negeri Sultan Syarif Kasim Riau

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Divorce Cases Triggered By Online Infidelity (Emotional Affair) In Indonesian Law Hendri Saputra; Akbarizan
JAWI : Journal of Ahkam Wa Iqtishad Vol. 4 No. 2 (2026): JAWI - JUNI
Publisher : MUI Kota Pekanbaru

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Abstract

This research aims to analyze the phenomenon of divorce triggered by online infidelity (cyber infidelity) or emotional involvement (emotional affairs) within the framework of positive law and Islamic law in Indonesia. In the era of digital disruption, the paradigm of domestic betrayal has shifted from mere physical relations to cyber interactions that violate the principle of loyalty. The research method used is normative legal research with a qualitative approach through library research. The results indicate that although online infidelity often does not reach the stage of physical adultery (intercourse), judges tend to interpret it as a form of continuous dispute and disagreement as regulated in Article 116 letter (f) of the Compilation of Islamic Law (KHI) and Article 19 letter (f) of Government Regulation No. 9 of 1975. The validity of digital evidence, such as WhatsApp screenshots and social media activity, is recognized as legitimate legal evidence under the ITE Law, provided it is not obtained through illegal wiretapping. Regarding the legal implications, online infidelity can influence the determination of child custody (hadhanah) in the best interest of the child; however, it generally does not automatically alter the division of marital property unless there is proof of asset misappropriation for the sake of the affair. This research concludes that there is a need for more specific regulations regarding digital evidentiary procedures in family cases to maintain family resilience in the digital age.
A MAQASHID SHARIA REVIEW ON TIKTOK GIFT INCOME AS FAMILY MAINTENANCE Hendri Saputra; Sofia Hardani; Ahmad Fauzi
Hukum Islam Vol 26 No 2 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/zr5pwm18

Abstract

This research is motivated by the widespread phenomenon of content creators on the TikTok application exploiting negative actions, such as online begging or self-harm, to obtain virtual gifts. The problem arises when the funds cashed out from these gifts are used by the head of the family to fulfill the obligation of providing family support (nafkah). The purpose of this study is to understand the mechanism of obtaining money through TikTok gifts on negative content, analyze the muamalah contracts that occur, and examine the utilization of these funds for family support from the perspective of Maqashid Syari'ah. This study is library research using a normative juridical approach. Data were collected through a documentation method sourced from the Qur'an, Hadith, fiqh texts, and related literature, and were subsequently analyzed using content analysis. The results of this study indicate that TikTok employs a dual-currency ecosystem (coins and diamonds) where the platform deducts a massive commission of approximately 77% to 83%, meaning creators receive only a small fraction of the viewer's initial transaction value. Utilizing money generated from negative content as family support strongly contradicts maqashid syari'ah. From the aspect of Hifz al-Din (protection of religion), haram (unlawful) sustenance will damage the family's spiritual foundation, act as a barrier to the acceptance of prayers, and erode reliance on Allah. From the aspect of Hifzh an-Nasl (protection of lineage), providing for the family using the proceeds of exploitation will damage psychological resilience, create a role model crisis for children, and theologically nourish the body's cells from prohibited sources.