MARRIAGE STATUS OF WIFE AND MAFQUD HUSBAND: DIALECTICS OF FIKH FOUR SCHOOLS AND POSITIVE LEGAL TRANSFORMATION IN INDONESIA WITH A DIGITAL-FORENSIC PERSPECTIVE

Abstract

The phenomenon of a missing spouse (mafqud) constitutes a multifaceted legal challenge within Islamic family law, juxtaposing the principle of istishhab (presumption of continuity) with the safeguarding of a wife’s fundamental rights. This study seeks to examine the legal status of women with mafqud husbands via the framework of the four principal Islamic schools of jurisprudence (Madhahib) and their evolution into the Indonesian Compilation of Islamic Law (KHI). Also, this study takes a new approach by using digital forensic evidence and psycho- juridical well-being as modern standards for figuring out how certain the law is.

The results show that classical jurisprudence (specifically the Hanafi and Shafi'i schools) tends to favor longer waiting periods, while the KHI takes a more progressive approach by allowing divorce after a two-year absence. This study's newness suggests that the meaning of "missing" needs to change in today's world of hyper-connectivity. The lack of a "digital footprint" (social media activity, financial transactions, or GPS logs) should be the main reason for speeding up court rulings. This study finds that the Indonesian legal system has to move away from a strictly duration-based strategy and toward a more comprehensive model that puts the wife's mental health and digital traceability first in order to avoid the harm of mu'allaqah (liminal marital status).