Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Vol 15, No 1 (2025): Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan

Islamic Legal Review of Divorce Through Whatsapp Chat: Case Study of Decision Number 3045/Pdt.G/2023/PA. Mdn

Siti Aulia Rahma (Universitas Islam Sumatera Utara)
Jamaluddin Jamaluddin (Universitas Islam Sumatera Utara)
Sumiati Sumiati (Universitas Islam Sumatera Utara)



Article Info

Publish Date
30 Jun 2025

Abstract

This study analyzes the Islamic legal review of divorce pronounced through WhatsApp chat in Decision Number 3045/Pdt.G/2023/PA.Mdn and the factors underlying it. This field research applied normative and sociological approaches. Data came from interviews with judges and a judicial case analyst, literature study, and decision documentation. Content analysis involved data reduction, display, and conclusion drawing, with triangulation for credibility. The findings show that WhatsApp divorce may be valid under Islamic law when the sender is authenticated, the wording is explicit, the message is sent consciously without coercion, and the husband's genuine intention is established. The message constitutes written divorce, yet under Indonesian positive law it functions only as evidence; dissolution of marriage requires a court decision. The underlying factors included prolonged conflict, failure to provide material and emotional maintenance, financial dishonesty, poor communication, the husband's disappearance, infidelity, separation since 2021, breach of the conditional divorce pledge, and failed reconciliation. WhatsApp was therefore not the primary cause of divorce, but the medium used to communicate a decision after the marriage had irreversibly broken down and reconciliation no longer appeared realistically possible.

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Journal Info

Abbrev

tsh

Publisher

Subject

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

Description

Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan, aims to promote scientific publications on Law, Education, and Society in its broadest sense covering textual, Historical, and Empirical. The journal contains original research articles based on literature and/or empirical research in the fields ...