Iim Ali Ismail
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Analisis Keabsahan Akad Nikah Secara Online Menurut Hukum Keluarga Islam Asep Muhamad Ropeul Hidayah; Iim Ali Ismail; Santi Suryani; Sandra Leoni Prakasa Yakub
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 4 No. 2 (2026): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v4i2.6655

Abstract

The development of communication technology has given rise to the practice of conducting marriage contracts online through media such as video calls and video conferencing, raising questions concerning their validity under Islamic family law. This study aims to analyze the validity of online marriage contracts based on the pillars and requirements of marriage, particularly the concepts of ittiḥād al-majlis (unity of the session) and ‘adālah (the integrity of witnesses), as well as to examine their implications for positive law and marriage registration in Indonesia. This study employs a normative legal research method using statutory, conceptual, and comparative approaches. The legal materials analyzed include the Qur’an, Hadith, Islamic jurisprudential literature, the Compilation of Islamic Law, legislation, court decisions, and previous studies concerning online marriage contracts. The analysis is conducted qualitatively by comparing the views of the Shafi‘i school of thought with those of contemporary Islamic scholars and relating them to the principles of maqāṣid al-sharī‘ah and legal certainty. The findings indicate that an online marriage contract conducted without the physical presence of the parties in the same place, in principle, does not fulfill the concept of ittiḥād al-majlis, nor the requirements of the physical presence of the guardian and direct observation by witnesses according to the majority of Shafi‘i scholars. However, in genuine emergencies or unavoidable circumstances, the use of digital media may be considered on a limited basis, subject to identity verification, real-time communication, supervision by a marriage registrar, and the use of tawkīl (delegation of the guardian’s authority). This study emphasizes the importance of legal certainty and prudence in adapting digital technology to marriage practices.