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VOL. 11, ISSUE 4 (2025)
Juridical review of divorce petitions due to online gambling
Authors
Mufti Rifky, Azhari, Iman Jauhari
Abstract
In principle, marriage is intended to last
until the death of one of the spouses. However, under certain circumstances,
situations may arise that necessitate the dissolution of the marriage. The
right to dissolve a marriage does not rest solely with the husband; the wife
also holds this right. One such cause for filing a divorce petition is the
husband's addiction to online gambling. Online gambling not only depletes
financial resources but also disrupts family harmony. Addiction to online
gambling can lead to prolonged tensions and conflicts. Frequently, economic
issues stemming from such addiction worsen the situation, leading to disputes
that ultimately result in divorce. Among the many factors that lead to divorce,
judges now consider online gambling as a valid ground for marriage dissolution.
Nonetheless, in practice, judges undertake a variety of considerations in
adjudicating divorce cases where online gambling is cited as a factor. This
study adopts a normative juridical approach and employs qualitative methods.
Data collection techniques include interviews, literature review, and
documentation, using secondary data sources. The collected data are then
organized sequentially and systematically and analyzed qualitatively. The
findings of this research indicate that judges view online gambling as a
trigger for disputes and conflicts between spouses, the non-fulfillment of the
wife’s rights, and the burden placed on the wife as a result of the husband’s
excessive addiction to online gambling. Online gambling renders the household
unstable, thereby defeating the objectives of marriage as envisioned in Law No.
1 of 1974 on Marriage, as well as the ideals outlined in the Qur'an,
specifically in Surah Ar-Rum verse 21, which aspires to a life of sakinah,
mawaddah, and rahmah (tranquility, affection, and mercy). Preventive measures
against divorce petitions based on online gambling may be taken prior to marriage,
such as through marriage counseling conducted by the Ministry of Religious
Affairs. Meanwhile, after the marriage has taken place, preventive measures can
only be undertaken by the wife, who must have the courage to confront a husband
involved in online gambling in order to preserve the household.
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Pages:84-90
How to cite this article:
Mufti Rifky, Azhari, Iman Jauhari "Juridical review of divorce petitions due to online gambling". International Journal of Law, Vol 11, Issue 4, 2025, Pages 84-90
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