Sahaja : Journal Sharia and Humanities
Vol. 4 No. 2 (2025): Sahaja: Journal Sharia and Humanities

Married but Apart: Silent Divorce in Muslim Households from the Perspective of Maqasid al-Shari'ah and Indonesian Marriage Law

Nurainun (Institut Agama Islam Negeri (IAIN) Kerinci, Indonesia)
Defril Hidayat (Kerinci State Islamic Institute)
Muhammad Arinal Haq (University of Jordan)



Article Info

Publish Date
28 Oct 2025

Abstract

Silent divorce refers to a marital condition in which spouses remain legally married and continue to live under the same roof, while their emotional bond, communication, and family functions have broken down. This condition is increasingly reported in contemporary households, including Muslim families, yet it remains largely invisible in Islamic family law because the marriage is formally intact. This study aims to analyse silent divorce from the perspective of Islamic law by examining its characteristics and contributing factors, assessing it against maq??id al-shar??ah and Indonesian marriage legislation, and proposing measures to prevent and resolve it. As the study relies on secondary doctrinal and empirical literature rather than primary fieldwork, these measures are presented as normative propositions for future empirical testing rather than as established findings. The study employs normative legal research with statute and conceptual approaches, drawing on the Qur'an, hadith, Law No. 1 of 1974 on Marriage as amended by Law No. 16 of 2019, the Compilation of Islamic Law, and recent peer-reviewed literature. The findings show that silent divorce develops gradually through declining communication, growing emotional distance, and prolonged estrangement, driven by communicative, socioeconomic, technological, and spiritual factors. Although it does not dissolve the marriage, silent divorce threatens all five essential objectives of the sharia, namely the protection of religion, life, intellect, progeny, and property, and it amounts to a persistent failure to fulfil the reciprocal rights and duties of spouses under the Marriage Law. The study proposes a maq??id-based family resilience model that integrates religious, communicative, legal, mediative, economic, and digital measures.

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Journal Info

Abbrev

sahaja

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Sahaja specifications in the discourse of Sharia and Humanities. Sahaja invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related. That aims to encourage and promote the study of the sharia and humanities from a wide range of scholarly ...