Islamika: Jurnal Keislaman dan Ilmu Pendidikan
Vol 7 No 1 (2025): JANUARI

Online Marriage from the Perspective of Islamic Law and Positive Law at the Junrejo District Religious Affairs Office

Haj, Habil Syahril (Unknown)
Hamidah, Tutik (Unknown)



Article Info

Publish Date
01 Jan 2025

Abstract

This research aims to analyze the validity of online marriage contracts according to Islamic law by examining the perspectives of various schools of fiqh and Indonesian positive law. The research method used is qualitative with a descriptive approach. Data collection was carried out through interviews and observations. To enhance data validity, the researcher used source triangulation. The findings show that scholars differ in their opinions regarding the validity of online marriage. The Shafi'i, Maliki, and Hanbali schools reject it due to the emphasis on physical presence, while the Hanafi school permits it as long as the offer and acceptance are conducted simultaneously, even if from different locations. In Indonesia, online marriage is not yet regulated by law, but the Indonesian Ulema Council (MUI) allows it if a representative is used. These findings reflect that, although technology allows for online marriage contracts, caution in adhering to the essential conditions of the contract remains a primary concern.

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Journal Info

Abbrev

islamika

Publisher

Subject

Religion Other

Description

Islamika Journal is an interdisciplinary publication of original research and writing on islamic studies and education . This journal was published by Pendidikan Agama Islam (PAI) STIT Palapa Nusantara Lombok - NTB which was published twice in a year, January and July with a minimum of 5 articles. ...