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Muhammad Aswar SA
STAI DDI Kota Makassar

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Efektivitas Mediasi Elektronik dalam Perkara Perceraian di Pengadilan Agama: Upaya Mempertahankan Keutuhan Keluarga di Era Digitalisasi Peradilan Muhammad Aswar SA
As-Sakinah: Jurnal Hukum Keluarga Vol. 1 No. 1 (2026)
Publisher : LPPM IAI YAPNAS JENEPONTO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67447/asjhk.v1i1.110

Abstract

Judicial digitalization through electronic mediation is a legal breakthrough to achieve fast and efficient justice. This study aims to analyze the effectiveness of electronic mediation in divorce cases at the Religious Courts and its review based on the perspective of Islamic Law. Using a normative-juridical method and the Maqashid Shariah approach, the study finds that electronic mediation is highly effective procedurally and administratively according to Supreme Court Regulation No. 3 of 2022. However, substantially, the absence of physical presence creates a psychological distance that reduces the effectiveness of the mediator's persuasive communication. From an Islamic Law perspective, digital mediation is a valid wasilah to achieve ishlah, yet it requires strengthening the humanistic touch to preserve the essence of peace. The study concludes by emphasizing the importance of enhancing digital communication competence for mediators to maintain family integrity (hifz an-nasl) in the era of disruption.
Transformasi Hukum Islam di Era Digital: Analisis Peluang dan Tantangan dalam Perspektif Fikih Kontemporer Muhammad Aswar SA
As-Sakinah: Jurnal Hukum Keluarga Vol. 1 No. 2 (2026)
Publisher : LPPM IAI YAPNAS JENEPONTO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67447/asjhk.v1i2.168

Abstract

The rapid advancement of digital technology has significantly transformed various aspects of human life, including the practice and development of Islamic law. Emerging phenomena such as electronic transactions, digital contracts, artificial intelligence (AI), cryptocurrency, social media, and technology-based financial services have generated legal issues that are not explicitly addressed in classical Islamic jurisprudence. This situation poses significant challenges for Islamic law in maintaining legal certainty while preserving its relevance to the dynamics of contemporary society. This study aims to analyze the transformation of Islamic law in the digital era, identify the opportunities for the development of contemporary Islamic jurisprudence (fiqh), and examine the challenges encountered in adapting Islamic legal principles to technological advancements. The research employs a normative legal research method using conceptual, juridical, and maqāṣid al-sharī‘ah approaches through library research based on the Qur'an, Hadith, classical and contemporary fiqh literature, fatwas, statutory regulations, and relevant scholarly publications. The findings reveal that the transformation of Islamic law in the digital era requires adaptive, contextual, and collective ijtihād to respond effectively to technological developments without compromising the fundamental principles of Islamic law. Furthermore, digitalization provides significant opportunities to enhance religious services, strengthen the Islamic digital economy, facilitate the digitalization of fatwas, and modernize the governance of Islamic legal institutions. However, it also presents several challenges, including the complexity of emerging legal issues, personal data protection, ethical concerns surrounding artificial intelligence, the validity of digital transactions, and the widespread dissemination of unverified religious information. Therefore, a contemporary fiqh approach grounded in the objectives of Islamic law (maqāṣid al-sharī‘ah) serves as a strategic foundation for developing an Islamic legal system that is responsive, adaptive, and relevant to the ongoing advancement of digital technology.
Keabsahan Talak Melalui Media Sosial Ditinjau Dari Hukum Perdata Islam Muhammad Aswar SA
As-Sakinah: Jurnal Hukum Keluarga Vol. 1 No. 2 (2026)
Publisher : LPPM IAI YAPNAS JENEPONTO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67447/asjhk.v1i2.169

Abstract

The rapid development of digital technology has significantly influenced the practice of Islamic family law, one of which is the growing phenomenon of divorce (ṭalāq) pronounced through social media. This practice has generated considerable legal debate regarding its validity, both from the perspective of classical fiqh munākaḥāt and within the framework of Islamic civil law in Indonesia. This study aims to analyze the legal status of divorce declared through social media by examining its conformity with classical Islamic jurisprudence, Indonesian positive law, and the principle of maṣlaḥah (public interest) in Islamic law.This study employs a normative legal approach using doctrinal legal research. The data were collected through library research, including primary legal sources such as authoritative classical fiqh literature (kutub al-fiqh al-muʿtabarah), relevant legislation on marriage, and decisions of the Religious Courts. Secondary legal sources consist of accredited national journal articles and reputable international publications to strengthen the analysis and ensure the novelty of the study. Data were analyzed using a qualitative normative method through descriptive-analytical and deductive-comparative legal reasoning. The findings indicate that although classical Islamic jurisprudence recognizes the concept of divorce through written statements (ṭalāq bi al-kitābah), social media cannot be directly equated with this concept due to the distinct characteristics of digital communication, particularly concerning intentionality, legal certainty regarding the identity of the parties, and the potential for misuse. Within the framework of Indonesian Islamic civil law, divorce pronounced through social media has no binding legal effect because it contradicts statutory provisions requiring divorce to be conducted before the Religious Court. Furthermore, digital divorce practices may create legal uncertainty and potentially harm vulnerable parties, particularly women and children. This study concludes that divorce pronounced through social media is inconsistent with the precautionary principles of classical Islamic jurisprudence, Indonesian positive law, and the fundamental objectives of Islamic law (maqāṣid al-sharīʿah). Therefore, a legal approach that is responsive to digital developments is required while maintaining legal certainty and ensuring substantive justice in Islamic family law
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