Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol. 13 No. 2 (2026): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan

Online Gambling as a Ground for Divorce in Indonesian Religious Courts: A Maqāsid al-Sharī‘ah Perspective

Khurul Anam (Universitas Nahdlatul Ulama Sunan Giri)
Lisa Aminatul Mukaromah (Universitas Nahdlatul Ulama Sunan Giri)
Bendaoud Nadif (Sultan Moulay Slimane University)



Article Info

Publish Date
21 Aug 2026

Abstract

The increasing prevalence of online gambling has created new challenges for Muslim family life and has increasingly appeared in divorce disputes before religious courts in Indonesia. Despite its growing social impact, the legal position of online gambling in divorce cases remains unclear, particularly regarding how courts interpret and apply existing provisions of Islamic family law. This study aims to analyze the legal position of online gambling in divorce cases through the framework of maqāṣid al-sharī‘ah. This research employs a normative legal method using statutory, conceptual, and case approaches, focusing on the analysis of Religious Court Decision Number 123/Pdt.G/2024/PA.Prob and Decision Number 669/Pdt.G/2024/PA.Ska. The findings indicate that although online gambling was alleged in both cases and explicitly admitted by the defendant in the Surakarta case, the courts based their decisions on Article 116 letter (f) of the Compilation of Islamic Law concerning continuous disputes and quarrels rather than Article 116 letter (g) concerning gambling behavior. The analysis further shows that online gambling acquires legal significance primarily through its consequences, including prolonged conflict, neglect of marital obligations, and the deterioration of family relationships. From the perspective of maqāṣid al-sharī‘ah, these consequences are closely related to the protection of family welfare, economic stability, and social harmony. The study highlights the interaction between legal norms, judicial reasoning, and contemporary digital realities in the practice of Islamic family law.

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Journal Info

Abbrev

qadha

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; ...