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A new legal study by Haeratun and Sri Hariati from the Faculty of Law, Social and Political Sciences (FHISIP), Universitas Mataram (UNRAM) concludes that a husband's infidelity conducted through social media can serve as valid grounds for divorce under Indonesian marriage law when it results in persistent marital conflict. Published in June 2026 in the Jurnal Multidisiplin Madani (MUDIMA), the research also finds that electronic evidence—including chat screenshots, digital messages, photographs, videos, and recordings—may be accepted in court if it satisfies legal requirements. The findings are increasingly relevant as digital communication reshapes family relationships and creates new legal challenges surrounding marriage, evidence, and the protection of women's rights.
The rapid growth of digital technology has transformed how people communicate. Platforms such as WhatsApp, Facebook, Instagram, Telegram, and TikTok have made interaction easier than ever before. While these technologies offer significant social and economic benefits, they have also introduced new forms of marital conflict.
One emerging concern is digital infidelity—romantic or emotionally intimate relationships conducted through social media or messaging applications. Unlike conventional affairs, digital infidelity often develops through private conversations, emotional attachments, exchanged photographs, or video calls without physical contact. Despite occurring online, these relationships can severely damage trust, family harmony, and emotional well-being.
As the number of digital interactions continues to increase, Indonesian courts are encountering more divorce cases involving electronic evidence. This trend has raised important legal questions regarding whether online infidelity should be recognized as a legitimate basis for divorce and how digital evidence should be evaluated in judicial proceedings.
Haeratun and Sri Hariati examined these issues through normative legal research, combining statutory analysis, legal concepts, and judicial case reviews. Rather than collecting survey responses, the researchers analyzed Indonesian legislation, Islamic legal principles, court decisions, legal doctrine, academic publications, and other authoritative legal sources.
Their analysis focused on three major areas:
- The legal status of social media infidelity under Islamic law.
- Its position within Indonesian marriage law.
- The admissibility of electronic evidence and legal protection available for women affected by marital infidelity.
The researchers conclude that social media infidelity should not be dismissed simply because it lacks physical contact. Under Islamic law, marriage is founded upon trust, fidelity, and mutual responsibility. Secret emotional relationships with another person through digital platforms violate these principles and may be viewed as conduct leading toward adultery, even when the legal definition of adultery is not fully established.
The study explains that Islamic teachings prohibit not only adultery itself but also actions that encourage or facilitate it. Romantic online communication conducted secretly outside marriage therefore conflicts with the objectives of Islamic family law, which seek to preserve family unity, dignity, and social stability.
From the perspective of Indonesian marriage law, the researchers found that digital infidelity may constitute sufficient grounds for divorce when it creates continuous disputes, emotional suffering, and the breakdown of marital harmony. Existing legislation requires judges to consider whether reconciliation remains possible before granting divorce. In many cases, prolonged conflict resulting from online affairs provides stronger legal grounds than attempting to prove physical adultery itself.
A major contribution of the study concerns the role of electronic evidence in divorce proceedings. Indonesian law now recognizes electronic information and electronic documents as legitimate forms of legal evidence, allowing digital communications to play an important role in family law disputes.
The research identifies several examples of electronic evidence commonly presented before religious courts, including:
- WhatsApp conversation screenshots.
- Facebook and Instagram messages.
- Emails and digital correspondence.
- Audio and video recordings.
- Digital photographs.
- Records of electronic money transfers.
- Video call documentation.
However, the researchers emphasize that judges do not automatically accept every digital document submitted. Courts must evaluate authenticity, relevance, consistency with other evidence, and supporting witness testimony before determining its evidentiary value. This process helps ensure that manipulated or unreliable digital materials do not influence judicial decisions.
The study also highlights the broader impact of digital infidelity on women. Beyond emotional distress, online affairs may contribute to financial neglect, psychological trauma, depression, declining self-confidence, and instability within the family. Because of these consequences, Indonesian law provides several legal protections for women whose marriages have broken down due to infidelity.
According to the researchers, women may seek legal remedies that include:
- Filing for divorce through the Religious Court.
- Receiving alimony and financial support where applicable.
- Child custody arrangements based on the child's best interests.
- Protection of economic rights following divorce.
- Access to psychological assistance, counseling, and legal aid.
These protections recognize that the consequences of infidelity extend beyond the marital relationship itself and often affect children's welfare, financial security, and long-term mental health.
Haeratun and Sri Hariati of Universitas Mataram argue that advances in digital technology require family law to evolve alongside changing patterns of social interaction. Their analysis indicates that electronic evidence has become an essential legal instrument for establishing facts in divorce proceedings, while legal protection for women must continue to address both economic and psychological harm resulting from marital betrayal. The researchers maintain that legal interpretation should remain responsive to technological developments without abandoning the fundamental principles of justice, family protection, and marital responsibility.
The findings have practical implications for judges, lawyers, policymakers, and families navigating disputes in the digital era. Religious courts increasingly face cases involving online relationships rather than conventional affairs, making clear standards for evaluating electronic evidence essential. The study also encourages greater public awareness of responsible digital behavior within marriage and reinforces the importance of protecting women's legal rights when technology contributes to the breakdown of family relationships.
As social media continues to reshape human interaction, the research suggests that legal systems must remain adaptable while preserving the core values of marriage, fairness, and family welfare.
Author Profile
Haeratun is a legal scholar affiliated with the Faculty of Law, Social and Political Sciences (FHISIP), Universitas Mataram (UNRAM). Her research focuses on Islamic family law, marriage law, women's legal protection, and legal issues arising from digital technology. She co-authored this study with Sri Hariati, also of Universitas Mataram, whose academic work centers on family law, legal policy, and socio-legal studies in Indonesia.
Source
Article Title: 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
Authors: Haeratun and Sri Hariati
Affiliation: Faculty of Law, Social and Political Sciences (FHISIP), Universitas Mataram (UNRAM), Indonesia
Journal: Jurnal Multidisiplin Madani (MUDIMA)
Publication: Vol. 6, No. 6, June 2026
Pages: 931–937
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