Divorce in the Digital Era: Legal Analysis of Divorce via WhatsApp in the Perspective of Fiqh and Indonesian Positive Law
DOI:
https://doi.org/10.31941/pj.v24i2.6610Keywords:
Digital divorce, Indonesian positive law, fiqh.Abstract
This study aims to analyze the phenomenon of divorce carried out through
digital communication media, especially the WhatsApp application, from
the perspective of fiqh and positive Indonesian law. Along with the
development of information technology, many couples have broken off
their marital relationship through text messages, which raises questions
about the legal validity of talaq carried out through the media. In fiqh
studies, 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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