Journal of Sharia and Legal Science
Vol. 4 No. 2 (2026): Journal of Sharia and Legal Science

Keabsahan Akad Nikah Virtual di Era Digital: Studi Reaktualisasi Kaidah Al-’Adah Muhakkamah

Lola Yuanda Arlinza (Universitas Islam Negeri Salatiga)
Tri Wahyu Hidayati (Universitas Islam Negeri Salatiga)
Saskia Afridah (Universitas Islam Negeri Sunan Kalijaga Yogyakarta)
Suke Indah Khumaero (Universitas Islam Negeri Mataram)
Ris'an Rusli (Universitas Islam Negeri Raden Fatah Palembang)



Article Info

Publish Date
31 Aug 2026

Abstract

The development of digital technology has brought the emergence of the practice of virtual marriage contracts, thereby triggering a debate about its validity according to Islamic law. This study aims to analyze the validity of virtual marriage through the reactualization of the rules of al-'adah muhakkamah and to identify the relevance of these rules in responding to social and technological changes in the digital era. This research focuses on the position of marriage contracts carried out through virtual media and the extent to which new habits in the digital society can be considered in legal aspects. This research uses a qualitative research method with a normative approach conducted through a literature study of Islamic legal sources, fiqh principles, laws and regulations, and literature related to digital transformation. The results of the study show that a marriage contract that is carried out virtually can basically be considered valid if it meets the principles and requirements of marriage. Including the certainty of the identity of each party, the existence of guardians, witnesses and the guarantee of the continuity of the ijab process and Kabul. The rules of al-'adah muhakkamah provide a flexible basis for the acceptance of the practice as a new custom that does not conflict with the principles of sharia. This study concludes that there is a need for a reactualization of fiqh rules to respond to the changes that occur in the digital society, as well as contribute to the development of Islamic family law that is responsive to technological advances.

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Journal Info

Abbrev

JSLS

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family ...