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All Journal MASADIR: Jurnal Hukum Islam
Fashihuddin Arafat
Universitas Kiai Abdullah Faqih Gresik
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Implikasi Hukum Pernikahan Online (Virtual Marriage) Terhadap Keabsahan Dan Akibat Hukumnya Dalam Perspektif Fiqh Dan Regulasi Di Indonesia Miftakur Rohman; Fashihuddin Arafat
MASADIR: Jurnal Hukum Islam Vol. 5 No. 01 (2025): April 2025
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v5i01.1656

Abstract

The development of information and communication technology has given rise to the phenomenon of online marriage, a practice that challenges traditional norms in Islamic family law and Indonesian national regulations. This study aims to analyze the validity of online marriage from the perspective of Islamic Fiqh (Islamic jurisprudence) and Indonesian laws and regulations, and to identify the legal implications arising, particularly regarding the rights and obligations of husband and wife, the status of children, joint property, and divorce procedures. Using normative legal research methods, this study examines various Islamic jurisprudence schools of thought, contemporary fatwas, Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and relevant Ministerial Regulations of the Minister of Religious Affairs, as well as court decisions. The findings indicate differences of opinion among Islamic jurists regarding the concepts of ittihad al-majlis (unity of assembly) and sighat (the wording of the ijab qabul) in a virtual context. Although Indonesian regulations have accommodated online marriage registration and the witnessing of the ijab qabul through a virtual representative, there are no explicit provisions governing the validity of in-person online marriage contracts. This gap creates legal uncertainty, particularly for unregistered marriages, which results in the vulnerability of wives' and children's rights. This study concludes the importance of harmonizing religious and positive law to provide comprehensive legal certainty and protection for couples who marry online.
Petunjuk Dan Landasan Dalam Penetapan Garis Nasab Perspektif Hukum Islam Ahmad Muhammad Sa'dul Kholqi; Fashihuddin Arafat
MASADIR: Jurnal Hukum Islam Vol. 3 No. 01 (2023): April 2023
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v3i01.803

Abstract

In Islamic jurisprudence, Nasab holds a crucial position, being one of the five elements categorized under "kulliyatul khoms" that demand safeguarding, thus subjecting it to the application of Islamic laws. The preservation of Nasab stands as a primary objective in the implementation of Islamic law, and its significance has escalated in the contemporary era. The prevalence of various deviations in the process of childbirth underscores the urgency of upholding this aspect. Furthermore, the Republic of Indonesia's legal framework recognizes numerous rights for children, emphasizing the necessity of a legitimate lineage for the entitlement to these rights. As Muslims residing in a nation governed by laws and regulations, it becomes imperative for us to comprehend the foundational aspects that contribute to the determination of our lineage. An awareness of these factors becomes pivotal, as it directly impacts our ability to establish lineage connections and, consequently, secure the associated legal rights within the societal and legal framework of Indonesia.
Pandangan Ibnu Qudamah Tentang Nafkah Istri Qobla Dukhul Abdul Halim; Fashihuddin Arafat
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.927

Abstract

The Fuqoha' stipulate that there are three reasons that make a person obliged to provide support to other people, namely because of marriage, kinship and ownership. A legal marriage gives rise to consequences in the form of the husband's obligation to provide a living for his wife, whether the wife is rich or poor, because what underlies the existence of a living is the marriage contract or the marriage itself. However, when does a husband begin to pay a living, it is mandatory for a husband to give his wife, Qabla Dukhul or Ba'da Dukhul. The focus of the study is the view of Ibn Qudamah, who has a different view from most of the Hanabilah ulama' regarding providing maintenance for wives of Qobla Dukhul and what legal Istinbat he uses regarding providing maintenance for wives of Qobla Dukhul. The method used is Library Research, while the data used is e-documentary literature so as to get a clear picture of Ibn Qudamah's views regarding the livelihood of Qobla Dukhul's wife. The conclusion is that in Ibn Qudamah's view, a husband does not have to give qobla dukhul income because the wife has not completely surrendered it to her husband to have sex with him and have fun with him, namely Tamkin tam. The legal istinbat is based on qiyas, namely making qiyas with a young wife and is based on the Hadith of the Prophet narrated by Imam Bukhari regarding the marriage of the Prophet Saw with Sayyidah Aisyah Ummil Mu'minin, where at that time Sayyidah Aisyah was still 6 years old.
Co-Authors Abdul Halim Ahmad Muhammad Sa'dul Kholqi Miftakur Rohman