Integrasi Prinsip-Prinsip Fiqh al-Qadha dengan Teknologi E-Court: Rekonstruksi Model Peradilan Agama di Era Digital

Abstract

The digital transformation through the E-Court system in Indonesia’s Religious Courts represents a crucial milestone in modernizing the national legal framework. Yet, this advancement simultaneously raises fundamental questions about the extent to which technology can harmonize with the moral and spiritual foundations of Fiqh al-Qadha. This study examines how the core principles of Islamic justice—al-‘adl (substantive justice), al-bayyinah (valid evidence), and al-musāwah (equality before the law)—can be integrated within the digital judicial process, and seeks to propose an ideal reconstruction model for Religious Courts in the digital era. Employing a socio-legal methodology, the research combines normative legal analysis with empirical inquiry. The normative dimension reviews Supreme Court Regulation (PERMA) No. 1 of 2019 and classical Fiqh al-Qadha doctrines, while the empirical component draws upon interviews with judges, clerks, and advocates from selected Religious Courts implementing the E-Court system. Using content analysis and thematic coding, the study explores intersections between Islamic legal ethics and digital judicial practices. Findings reveal that E-Court enhances procedural efficiency and administrative transparency but introduces normative and ethical inconsistencies with Fiqh al-Qadha. Key challenges include the legitimacy of virtual hearings, the validation of electronic evidence, and reduced moral engagement between judges and litigants. Furthermore, digital inequality among disadvantaged communities threatens the al-musāwah principle of equal access to justice. The study recommends a reconstructed Religious Court model grounded in maqāṣid al-sharī‘ah, supported by ethical digital regulations, technological training for judicial officers, and hybrid service mechanisms that balance efficiency with Islamic justice values.