Transforming Islamic Family Law: Integrating the Compilation of Islamic Law with Digital Evidence and AI

Abstract

This study examines the relevance and transformation of the Compilation of Islamic Law (KHI) in facing developments in the digital era and artificial intelligence (AI). The main problem raised is the normative gap between the KHI (which is still based on the traditional paradigm) and the reality of contemporary family law which is increasingly influenced by digital evidence and technology-based judicial practices. The research uses a qualitative approach with normative-juridical and philosophical research types, through literature studies, analysis of statutory regulations, and studies of Islamic legal philosophy with the framework of maqāṣid al-syarī'ah and maṣlaḥah mursalah. The research results show that the Indonesian Criminal Code has not explicitly accommodated digital evidence such as online conversations, electronic recordings, or social media traces, even though this data is increasingly dominant in family cases, especially divorce. This gap creates legal uncertainty regarding validation, authenticity, and evidentiary power. The research proposes an integration of the principles of maqāṣid al-syarī'ah as the direction of legal objectives and maṣlaḥah mursalah as a methodological instrument to legitimize the recognition of digital evidence and the use of AI in religious courts. Practically, the research recommends three strategies: reforming the Compilation of Islamic Law (KHI) through explicit recognition of digital evidence, developing adaptive fatwas and jurisprudence, and enhancing the capacity of judges to understand digital technology. Thus, the transformation of Islamic family law not only maintains the relevance of the Compilation of Islamic Law but also ensures justice and the welfare of the community in the digital era.