Husband's Infatuity Through Social Media as a Reason for Divorce According to the Perspective of Islamic Law, Marriage Law and Protection of Women's Rights

Abstract

Advances in information technology and social media have brought about changes in the patterns of social relationships within society, including in family life. One of the resulting impacts is an increase in cases of infidelity committed through social media, which often leads to divorce. Digital infidelity not only causes conflict and marital breakdown but also raises legal issues regarding its status as grounds for divorce and the use of electronic evidence in court proceedings. This study aims to analyze the status of a husband’s infidelity via social media as grounds for divorce from the perspectives of Islamic law and Indonesian marriage law, as well as to examine the probative value of electronic evidence and the forms of legal protection available to women as victims of infidelity. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a case-based approach. The legal sources used consist of primary, secondary, and tertiary sources, which were analyzed qualitatively. The results of the study indicate that infidelity via social media constitutes a violation of the principle of fidelity in marriage, which is contrary to Islamic law and the purpose of marriage. Under Indonesian marriage law, digital infidelity can be grounds for divorce if it causes continuous disputes and arguments. Electronic evidence is considered admissible under the Law on Information and Electronic Transactions and may be used in divorce cases provided it meets the requirements for admissibility. Women who are victims of infidelity are entitled to legal protection in the form of the right to file for divorce, alimony, child custody, and protection of their economic and psychological rights