Online Gambling as a Ground for Divorce in Indonesian Religious Courts: A Maqāsid al-Sharī‘ah Perspective

Abstract

The increasing prevalence of online gambling has created new challenges for Muslim family life and has increasingly appeared in divorce disputes before religious courts in Indonesia. Despite its growing social impact, the legal position of online gambling in divorce cases remains unclear, particularly regarding how courts interpret and apply existing provisions of Islamic family law. This study aims to analyze the legal position of online gambling in divorce cases through the framework of maqāṣid al-sharī‘ah. This research employs a normative legal method using statutory, conceptual, and case approaches, focusing on the analysis of Religious Court Decision Number 123/Pdt.G/2024/PA.Prob and Decision Number 669/Pdt.G/2024/PA.Ska. The findings indicate that although online gambling was alleged in both cases and explicitly admitted by the defendant in the Surakarta case, the courts based their decisions on Article 116 letter (f) of the Compilation of Islamic Law concerning continuous disputes and quarrels rather than Article 116 letter (g) concerning gambling behavior. The analysis further shows that online gambling acquires legal significance primarily through its consequences, including prolonged conflict, neglect of marital obligations, and the deterioration of family relationships. From the perspective of maqāṣid al-sharī‘ah, these consequences are closely related to the protection of family welfare, economic stability, and social harmony. The study highlights the interaction between legal norms, judicial reasoning, and contemporary digital realities in the practice of Islamic family law.