ILJS
Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026

Pandangan Hakim Pengadilan Agama Kota Medan tentang Legalitas Akun Konten Digital Sebagai Harta Bersama

Ajrina Tamimi (Universitas Islam Negeri Sumatera Utara)
Rizki Muhammad Haris (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
26 Apr 2026

Abstract

The development of the digital economy in Medan City has made social media accounts (Instagram, TikTok, YouTube) function as income-generating family assets. However, their immaterial nature and the platform's privacy regulations create obstacles in determining their status and distribution as joint assets during divorce. This study aims to clarify the legal status of digital accounts as joint assets, analyze the legal considerations of Medan Religious Court Judges, and formulate a fair and practical distribution pattern. Using a qualitative juridical-empirical method (socio-legal research) with semi-structured interviews with the leadership and senior judges of the Medan City Religious Court and a study of legal materials, the results of the study indicate that digital accounts substantively meet the qualifications for joint assets based on the huquq maliyah doctrine in contemporary muamalah fiqh. Medan City Religious Court Judges have progressively established the principle of economic value as the main barometer for determining joint assets as long as they generate financial conversion during marriage. The distribution and execution mechanism can be carried out through two legal constructions, namely liquidation/sale of accounts or shared access control with the distribution of royalties/passive income, although the courts still face challenges in the aspect of proof (onus probandi) related to activity, turnover, and the period of account creation.

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Journal Info

Abbrev

law

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Islamic Law is a scientific journal that contains original works of experts in the field of Islamic law that have not been published in the form of articles regarding empirical research and problematic conceptual ideas of law, politics, and Islam through an interdisciplinary, multidisciplinary, ...