Rekonseptualisasi Harta Bersama Aset Digital Dalam Hukum Perkawinan Islam

Abstract

The research aims to examine, provide normative and practical foundations, and formulate a new concept of joint marital property by expanding its scope to include digital assets, particularly Cryptocurrency (crypto) and Non-Fungible Tokens (NFT), which have not yet been explicitly regulated in Indonesian Islamic family law. The research applies a normative (doctrinal) method by analyzing primary legal sources such as the Qur’an, Hadith, the Marriage Law, and the Compilation of Islamic Law, as well as an empirical (non-doctrinal) method through interviews with 15 key informants (five judges from the Religious Courts in South Jakarta and Yogyakarta; three Islamic law academics; and family law practitioners from Syarif Hidayatullah State Islamic University Jakarta and Sunan Kalijaga State Islamic University Yogyakarta). The research sites were Jakarta and Yogyakarta, as centers of Islamic legal studies and religious court practice. The findings indicate that digital assets have significant potential to be classified as joint marital property, yet reconceptualization is required to align them with the principles of justice and public benefit in Islamic law. The study recommends regulatory reforms, technical guidelines for judges, and legal literacy programs for society. Limitations of the research include its restricted geographical scope and the relatively small number of informants. Future research is advised to expand comparative studies with other countries that have already regulated digital assets in family law.

Keywords: Joint Property, Digital Assets, Crypto-NFT, Islamic Marriage Law.