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Menelisik Perubahan Pandangan Tentang Konsep Nikah di Era Digital Ahmad Habib Dairobi; Nurasiah
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: AL-Mikraj Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.9102

Abstract

The rapid development of digital technology has significantly transformed how Muslim communities understand and practice the concept of marriage. This study aims to examine how the digital era reshapes societal perceptions of marriage within the framework of Islamic Family Law, identify digital factors that influence contemporary understandings and practices of marriage, and analyze Islamic legal responses to these emerging phenomena. The research employs a literature-based method by analyzing classical fiqh sources, Indonesian positive legal regulations, and contemporary studies on digital culture and modern marital practices. The findings reveal that the digital era has reconstructed social perceptions of relationships, partner selection processes, and marital preparation through social media, matchmaking applications, and increasingly accessible information flows. Furthermore, phenomena such as online marriages, long-distance marriage contracts, and the digitalization of marital administration have become part of current Islamic family law dynamics. Islamic Family Law responds to these changes through adaptive approaches, including contemporary ijtihad and regulatory adjustments that uphold core principles of the Sharia. This study emphasizes the importance of contextualizing the concept of marriage in the digital age to ensure that Islamic values remain relevant amid ongoing technological advancements.
Perceraian Dalam Fiqh Mazhab Dan Sistem Peradilan Ahmad Habib Dairobi; Muhammad Amar Adly
JURNAL ILMIAH RESEARCH STUDENT Vol. 3 No. 2 (2026): September
Publisher : KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jirs.v3i2.11307

Abstract

The purpose of this study is to discuss the concept of marriage dissolution from the perspective of the four schools of fiqh, namely Hanafi, Maliki, Shafi'i and Hanbali. This research focuses on the legal comparison of divorce as the main form of marriage dissolution by analyzing the harmony between the views of fiqh and positive law in Indonesia, such as Law No. 1 of 1974 and the Compilation of Islamic Law. The method used is a literature review with a qualitative approach, where data is collected from classical books, the Qur'an, Hadith, and legal documents. The results of this study show that the breakdownof marriage can occur in various forms, including divorce, fasakh, khulu', li'an, and zhihar, although divorce is the main focus due to its prevalence. The four madhhabs are similar in the basic principles of divorce, but differ in details such as the conditions, pillars, and categories of divorce. The research also notes that the ruling on divorce can vary from permissible, makruh, haram, sunnah, or wajib depending on the context. This research provides a deeper insight into the complexity of Islamic law regarding the dissolution of marriage, which is relevant to the legal needs of modern society as well as the application of Shari'a in the national legal system.