Analysis Of Divorce Law Through Electronic Media In The Perspective Of Positive Law And Islamic Fiqh

Abstract

Divorce through electronic media has become an increasingly frequent phenomenon in the digital era, raising questions about its validity in both legal systems. Indonesia's positive law, particularly in the Marriage Law and the Compilation of Islamic Law (KHI), regulates formal divorce procedures, involving religious courts as the legal authority. On the other hand, Islamic fiqh has a more diverse view, where talaq can be imposed through various media as long as it meets the conditions and the established principles. This study uses a juridical normative approach method, with an analysis of primary and secondary legal sources related to divorce, both in positive law and in fiqh literature. The results of the study show that Indonesia's positive law does not recognize divorce through electronic media without a court process, while in Islamic fiqh, divorce through electronic media can be considered legal, as long as the intention and intention of the party who imposes talaq is clear. These findings reveal significant differences in the handling of divorce through electronic media between the two legal systems, which requires further study related to the integration of religious and state law in Indonesia.