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All Journal Journal of Digital Sharia and Contemporary Legal Thought
Ahmad Sholakhuddin Al Af Ghoni
UIN Sunan Ampel Surabaya

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Reframing Fatherlessness in the Digital Public Sphere: A Maqāṣid-Based Reconstruction through Qawā‘id Fiqhīyah M. Sa’ad Alfanny; Ach Badri Amin; Ahmad Sholakhuddin Al Af Ghoni
Journal of Digital Sharia and Contemporary Legal Thought Vol. 1 No. 1 (2026): June
Publisher : Zamzami Scholar Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64685/JDSCLT.2026.1.1.112-127

Abstract

The phenomenon of fatherlessness has shifted from the domestic sphere to the digital public space, where social media serves as a medium for articulating personal experiences and fostering collective solidarity. This article analyzes this phenomenon through the lens of Qawā‘id Fiqhīyah to offer a normative framework that transcends the dominance of conventional psychological and sociological approaches. This study argues that the absence of the father’s role can be understood as a non-material social harm (ḍarar) that has an impact on the protection of the soul (ḥifẓ al-nafs) and reason (ḥifẓ al-‘aql). The results of the analysis show that applying the principles of al-ḍarar yuzāl and dar’ al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ confirms the urgency of mitigating and providing psychosocial support, including through digital platforms, as part of efforts to reduce harm. At the same time, the principle of al-‘ādah al-muḥakkamah provides legitimacy for the practice of digital solidarity as a form of contemporary social adaptation. However, this legitimacy remains limited by the principle of non-maleficence (lā ḍarar wa lā ḍirār) to prevent the commodification of trauma and the reproduction of new harm. This article concludes that Qawā‘id Fiqhīyah provides a contextual and comprehensive ethical framework for responding to family crises amid an ever-evolving digital ecosystem.
Co-Authors Ach Badri Amin M. Sa’ad Alfanny