The Use of Crypto Assets as Marriage Dowry in The Context of Islamic Law Compilation and Marriage Laws
Abstract
This study aims to analyze the fulfillment of the requirements for dowry as mutamawwal assets according to Articles 30–38 of the Compilation of Islamic Law (KHI) and assess the suitability of using crypto assets as dowry within the framework of positive law, including its implications for the protection of wives' rights and legal certainty in the digital era. The research method used is qualitative with a normative juridical approach through a literature review of primary sources (the Qur'an, hadith, KHI, Law No. 1 of 1974, regulations of Bappebti and OJK, fatwas of the Indonesian Ulema Council) and secondary sources in the form of journals, theses, and dissertations on crypto dowry and maqasid sharia, which are analyzed descriptively-analytical and comparatively between Islamic law and positive law. The results of the study indicate that, normatively, crypto assets can be classified as valuable assets within the KHI framework as long as they meet the criteria of having economic value, clear type and amount, can be transferred through legal mechanisms (e.g., gift transfer or digital wallet), and are agreed upon by both parties, so that they are valid as dowry with a value determined during the contract to minimize the impact of price volatility. From the perspective of the Marriage Law, a crypto dowry is considered a wife's dowry as long as it does not conflict with statutory regulations and is documented by digital transaction evidence or a deed of gift. However, the potential for value disputes remains, necessitating strengthening administrative guidelines at the Office of Religious Affairs (KUA) and enhancing digital forensic capacity in Religious Courts. This study recommends further harmonization of the Compilation of Islamic Law (KHI), crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries that prioritize the welfare and protection of wives' rights in the 4.0 era.
Fields of Study & Subjects
Marriage and Family Dynamics
Family and Matrimonial Law
Islamic Finance and Banking Studies
Publication details
- Journal / source
- International Journal of Social Welfare and Family Law.
- Volume
- 3
- Issue
- 1
- Pages
- 77–83
- Publication date
- 14 January 2026
- Language
- EN