Dinamika Hukum Akad Nikah Via Teleconference Di Indonesia

This research aims to review the dynamics of the teleconference marriage contract law in Indonesia and to analyze the legal provisions from three perspectives: juridical, philosophical, and sociological. This research is library research with a descriptive-analytical method. The primary legal data i...

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Bibliographic Details
Main Authors: Muhammad Alwi Al-Maliki, Asep Saepudin Jahar
Format: Article
Language:Arabic
Published: Sekolah Pasca Sarjana Universitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta 2020-09-01
Series:Jurnal Indo-Islamika
Subjects:
Online Access:https://psikologi.uinjkt.ac.id/index.php/indo-islamika/article/view/17523
Description
Summary:This research aims to review the dynamics of the teleconference marriage contract law in Indonesia and to analyze the legal provisions from three perspectives: juridical, philosophical, and sociological. This research is library research with a descriptive-analytical method. The primary legal data is in the form of several fiqh opinions and fatwas of the ulama regarding the legal provisions of the marriage contract via teleconference. The results of this study indicate that there are differences of opinion among scholars based on different methods of understanding the al-Quran and hadith texts about marriage and the development of science and technology. In Indonesia, when examined from a juridical-philosophical aspect, the practice of the marriage contract via teleconference can be carried out because the facilities are complete and the requirements can be fulfilled. However, when examined from a sociological aspect, the paradigm of the majority of Muslim communities regarding the sacredness of marriage is still strong so that the permissibility of the practice of the marriage contract is still difficult to accept and apply among them.
ISSN:2088-9445
2723-1135