Keabsahan Talak Melalui Media Sosial Ditinjau Dari Hukum Perdata Islam

Abstract

The rapid development of digital technology has significantly influenced the practice of Islamic family law, one of which is the growing phenomenon of divorce (ṭalāq) pronounced through social media. This practice has generated considerable legal debate regarding its validity, both from the perspective of classical fiqh munākaḥāt and within the framework of Islamic civil law in Indonesia. This study aims to analyze the legal status of divorce declared through social media by examining its conformity with classical Islamic jurisprudence, Indonesian positive law, and the principle of maṣlaḥah (public interest) in Islamic law.This study employs a normative legal approach using doctrinal legal research. The data were collected through library research, including primary legal sources such as authoritative classical fiqh literature (kutub al-fiqh al-muʿtabarah), relevant legislation on marriage, and decisions of the Religious Courts. Secondary legal sources consist of accredited national journal articles and reputable international publications to strengthen the analysis and ensure the novelty of the study. Data were analyzed using a qualitative normative method through descriptive-analytical and deductive-comparative legal reasoning. The findings indicate that although classical Islamic jurisprudence recognizes the concept of divorce through written statements (ṭalāq bi al-kitābah), social media cannot be directly equated with this concept due to the distinct characteristics of digital communication, particularly concerning intentionality, legal certainty regarding the identity of the parties, and the potential for misuse. Within the framework of Indonesian Islamic civil law, divorce pronounced through social media has no binding legal effect because it contradicts statutory provisions requiring divorce to be conducted before the Religious Court. Furthermore, digital divorce practices may create legal uncertainty and potentially harm vulnerable parties, particularly women and children. This study concludes that divorce pronounced through social media is inconsistent with the precautionary principles of classical Islamic jurisprudence, Indonesian positive law, and the fundamental objectives of Islamic law (maqāṣid al-sharīʿah). Therefore, a legal approach that is responsive to digital developments is required while maintaining legal certainty and ensuring substantive justice in Islamic family law