Digital Assets as Marital Property from the Perspectives of Islamic Law and Indonesian Positive Law

Technological advancements have shifted the form of marital property from physical assets to digital assets possessing economic value. Marriage laws do not specifically regulate digital assets as marital property, thereby triggering legal uncertainty when digital assets become disputed in divorce. This study aims to analyze the legal standing of digital assets as marital property from the perspectives of Islamic law and Indonesian positive law, as well as to examine the mechanisms for proving and distributing digital assets as marital property in divorce. This research employs a normative legal method, using statutory and conceptual approaches. Research findings indicate that under Indonesia positive law, digital assets are categorized as intangible movable property and recognized as marital property. Supporting regulations, such as the Electronic Information and Transactions law and Bappebti Regulation, further reinforce the status of digital assets as commodities with economic value. Moreover, from an Islamic law perspective, digital assets meet the criteria of al-Mal (property) and Mutaqawwim (valuable/usable), thereby qualifying them as sharia objects in marital property. In court disputes regarding marital property, judges essentially adhere to applicable legal provisions, though in certain circumstances, they may consider the principle of distributive justice. In conclusion, digital assets are legally recognized as marital property under both Positive Law and Islamic Law provided they were acquired during a valid marriage and must be distributed equitably upon dissolution of the marriage, although practical challenges remain in tracing and proving the existence of such marital assets in the form of digital assets.