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All Journal Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Siti Aulia Rahma
Universitas Islam Sumatera Utara
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Islamic Legal Review of Divorce Through Whatsapp Chat: Case Study of Decision Number 3045/Pdt.G/2023/PA. Mdn Siti Aulia Rahma; Jamaluddin Jamaluddin; Sumiati Sumiati
Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan Vol 15, No 1 (2025): Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Publisher : Fakultas Agama Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/taushiah.v15i1.14355

Abstract

This study analyzes the Islamic legal review of divorce pronounced through WhatsApp chat in Decision Number 3045/Pdt.G/2023/PA.Mdn and the factors underlying it. This field research applied normative and sociological approaches. Data came from interviews with judges and a judicial case analyst, literature study, and decision documentation. Content analysis involved data reduction, display, and conclusion drawing, with triangulation for credibility. The findings show that WhatsApp divorce may be valid under Islamic law when the sender is authenticated, the wording is explicit, the message is sent consciously without coercion, and the husband's genuine intention is established. The message constitutes written divorce, yet under Indonesian positive law it functions only as evidence; dissolution of marriage requires a court decision. The underlying factors included prolonged conflict, failure to provide material and emotional maintenance, financial dishonesty, poor communication, the husband's disappearance, infidelity, separation since 2021, breach of the conditional divorce pledge, and failed reconciliation. WhatsApp was therefore not the primary cause of divorce, but the medium used to communicate a decision after the marriage had irreversibly broken down and reconciliation no longer appeared realistically possible.
Co-Authors Jamaluddin Jamaluddin Sumiati Sumiati