"From Traditional 'Urf to Digital 'Urf: Accommodating the Values of the Young Generation on Husband-Wife Relations in the Framework of Ushūl al-Fiqh".
DOI:
https://doi.org/10.29240/jhi.v10i2.14630Keywords:
Digital Urf, Equality, Husband and Wife, Ushul Fiqh, Maqashid SyariahAbstract
This study examines how digital interpretations of marital roles among Muslim youth transform the classical concept of 'urf and challenge traditional gendered norms in Islamic family law. Existing research has extensively discussed 'urf and marital hierarchy, yet little attention has been paid to how digital-native perceptions, circulating through platforms such as TikTok and Instagram, reshape normative expectations of spousal relations within the framework of ushul fiqh. This study addresses this gap by analyzing the emergence of "digital 'urf" as a new sociocultural reference for young Muslims. Using qualitative documentary analysis combined with thematic content analysis, the study examines 120 short-form digital contents produced by Indonesian Muslim youth between 2023–2024, selected through purposive sampling. The dataset is triangulated with classical fiqh texts, contemporary fatwas, and statutory family law materials to evaluate the extent to which digital 'urf aligns with or diverges from established ushul fiqh principles. The findings reveal three major shifts: (1) digital 'urf reframes marital roles from hierarchical–patriarchal to partnership-based, (2) normative authority moves from textual and communal scholars to digital micro-influencers, and (3) the concept of qiwāmah undergoes functional reinterpretation driven by economic and technological equality. These shifts indicate the emergence of a hybrid normativity that merges experiential digital ethics with fiqh-based reasoning. This study contributes a conceptual reformulation of 'urf in the digital era and offers a framework for integrating digital socio-cultural patterns into ushul fiqh analysis.
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Abdullahi Busari, Saheed, Rahaiza Rokis, Mohd Fuad Sawari, Noor Azizah, Bt Mohamadali, Muhammad Amanullah, Abdul Hamid, and Abusulayman Kulliyyah. “Maqasid Al-Shariah-Based Strategies for Enhancing Digital Adoption Among B40 Muslim Entrepreneurs.” Journal of Islamic Finance 14, no. 2 (September 29, 2025): 160–69. https://journals.iium.edu.my/iiibf-journal/index.php/jif/article/view/1036.
Ahmad, Khalil, and Muneer Kuttiyani Muhammad. “Revisiting Medinah Charter: Towards the Realization of Maqasid Al-Shariah for Contemporary Plural Societies.” International Journal of Islamic Thought 27: 2025. Accessed November 20, 2025. https://doi.org/10.24035/ijit.27.2025.321.
Alamsyah. “Reconstruction of the Concepts of Nusyûz in the Feminist Perspectives.” Al-Adalah 15 (2018): 293–306. http://dx.doi.org/10.24042/adalah.v%25vi%25i.3841.
Aulia, Mohamad Faisal. “Analisis Perbandingan Penerapan Hukum Keluarga Di Mesir Dan Di Indonesia.” Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga Dan Peradilan Islam 2, no. 2 (2022): 123–32. https://doi.org/10.15575/as.v2i2.14327.
Fadl, Khaled Abou El. “Qur’anic Ethics and Islamic Law.” Journal of Islamic Ethics 1, no. 1–2 (2017): 7–28. https://doi.org/10.1163/24685542-12340002.
Fahmi, Labib. “Hermeneutika Emillio Betti Dan Aplikasinya Dalam Menafsirkan Sistem Kewarisan 2:1 Pada Surat an-Nisa Ayat 11.” Ulul Albab: Jurnal Studi Dan Penelitian Hukum Islam 2, no. 1 (2018): 143. https://doi.org/10.30659/jua.v2i1.3120.
Fauzi. “‘Urf and Its Role in The Development of Fiqh: Comparative Study of Famliy Law Between Egypt and Indonesia.” El-Usrah 7, no. 1 (2024): 346–71. https://doi.org/10.22373/ujhk.v7i1.23968.
Halim, Syaflin, Syamsurizal, Firdaus, Desminar, Mohammad Najib Jaffar, and Elma Rida Yanti. “The Communication Patterns of Husband and Wife Couples in Resolving Household Conflicts: Islamic Family Law Perspectives.” KARSA Journal of Social and Islamic Culture 32, no. 1 (June 19, 2024): 33–71. https://doi.org/10.19105/KARSA.V32I1.13280.
Hassan, Dr. Syed Ameer, and Dr. Masooma Batool. “Concept of ‘urf (Custom) in Islamic Law and Its Application in Social Affairs: An Analytical Study.” Mohi Ud Din Journal of Islamic Studies 2, no. I (2024): 1–30. https://miu.edu.pk/mjis/index.php/mjis/article/view/57.
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Copyright (c) 2025 Zulbaidah Zulbaidah, Harry Yuniardi, Januri Januri, Nandang Najmudin, Christoper Cason

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