Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal El 'Aailah
Muhammad Jawahir noor
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
REKONSTRUKSI PERJANJIAN PRA NIKAH DALAM PERSPEKTIF HUKUM KELUARGA ISLAM TERHADAP HUKUM POSITIF Muhammad Jawahir noor
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.272

Abstract

The advancement of information technology has led to the emergence of online marriage practices using live streaming methods, particularly during the COVID-19 pandemic. However, this phenomenon raises various legal issues from both Islamic law and Indonesian positive law perspectives. This study aims to examine the validity of online marriage based on the pillars and conditions of marriage in Islamic law, as well as to analyze the national legal framework regarding registration and the legality of such marriages. Using a normative juridical method and a descriptive-qualitative approach, the study finds that while some Islamic scholars permit online marriage under certain conditions—such as clear identity verification and the unity of the contract session virtually—Indonesia’s positive law has yet to regulate this practice comprehensively and permanently. This legal gap creates uncertainty and inconsistencies in practice. Therefore, harmonization between religious norms and state law is necessary to ensure that online marriages can be conducted legally, orderly, and with adequate legal protection for all parties involved.
REKONSTRUKSI PERJANJIAN PRA NIKAH DALAM PERSPEKTIF HUKUM KELUARGA ISLAM TERHADAP HUKUM POSITIF Muhammad Jawahir noor
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.272

Abstract

The advancement of information technology has led to the emergence of online marriage practices using live streaming methods, particularly during the COVID-19 pandemic. However, this phenomenon raises various legal issues from both Islamic law and Indonesian positive law perspectives. This study aims to examine the validity of online marriage based on the pillars and conditions of marriage in Islamic law, as well as to analyze the national legal framework regarding registration and the legality of such marriages. Using a normative juridical method and a descriptive-qualitative approach, the study finds that while some Islamic scholars permit online marriage under certain conditions—such as clear identity verification and the unity of the contract session virtually—Indonesia’s positive law has yet to regulate this practice comprehensively and permanently. This legal gap creates uncertainty and inconsistencies in practice. Therefore, harmonization between religious norms and state law is necessary to ensure that online marriages can be conducted legally, orderly, and with adequate legal protection for all parties involved.
Co-Authors