Penggunaan Aplikasi Digital Sebagai Mahar Pernikahan Menurut Hukum Agama Islam Dan Negara

Abstract

This study examines the validity of using digital applications as mahr (bridal dower) in marriage from the perspectives of Islamic law and Indonesian positive law. The rapid development of digital assets and their economic value has raised contemporary legal questions regarding their legitimacy as objects of mahr. Using a qualitative, library-based research method, this study analyzes classical fiqh literature, statutory regulations, and legal reasoning related to property ownership and transferability. The findings show that digital applications can be categorized into three types: freeware, lifetime license, and subscription-based applications. Through the application of qiyās (analogical reasoning), the study concludes that paid applications both lifetime and subscription-based—may serve as valid mahr because they have measurable value, lawful benefit, and transferable ownership, fulfilling the conditions required in Islamic law. In contrast, freeware lacks economic value and therefore does not meet the legal requirements for mahr. From the perspective of Indonesian law, as long as the object of mahr is mutually agreed upon and does not contradict religious or civil principles, digital applications with legitimate ownership rights may be considered valid.