Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Divorce in the Digital Era: Legal Analysis of Divorce via WhatsApp in the Perspective of Fiqh and Indonesian Positive Law

Mukharom, Mukharom (Unknown)
Sugianto, Sugianto (Unknown)
Wasman, Wasman (Unknown)
Sukardi, Didi (Unknown)



Article Info

Publish Date
21 Jun 2025

Abstract

This study aims to analyze the phenomenon of divorce carried out throughdigital communication media, especially the WhatsApp application, fromthe perspective of fiqh and positive Indonesian law. Along with thedevelopment of information technology, many couples have broken offtheir marital relationship through text messages, which raises questionsabout the legal validity of talaq carried out through the media. In fiqhstudies, talaq via WhatsApp is considered valid by some scholars if it meets the requirements of clear intentions and deliberate delivery. However, there is an opinion that direct interaction is more recommended. In Indonesia's legal system, divorce must be processed through religious court procedures to be considered legally valid. At the same time, talaq carried out via WhatsApp has not been explicitly regulated in the applicable laws and regulations. The study also identified the legal impact of digital divorce, including the difficulties faced by individuals who divorce without a court decision, such as the inability to prove divorce status and difficulties in remarriage. Based on these findings, the study recommends regulatory updates regarding digital divorce and the need for public legal education on divorce procedures in Indonesia.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...