Akad Nikah Virtual: Perspektif Hukum Islam dan Undang-Undang Perkawinan di Indonesia.

This study aims to determine the legal status of virtual marriage contracts from the perspective of Indonesian marriage law and Islamic law, The type of literature research, which is research that uses data sources from books, papers, and scientific works that are relevant to the subject being studied, is used to answer this problem. These sources include a variety of opinions on virtual marriage contracts. The results of the study show that according to Islamic marriage law, a virtual marriage contract is considered valid as long as it meets the legal requirements, including the pillars of marriage. The marriage contract is considered valid as long as there is no firm decision from the legal entity on the opinion that has been determined in the religious court, provided that the Kabul ijab ceremony does not doubt it, is in accordance with the principles and conditions of marriage, and does not contradict Islamic law. This is reinforced by Articles 27 to 29 in the Compilation of Islamic Law which stipulates that the procession of the marriage contract cannot be stopped, carried out directly by the marriage guardian, or announced by the groom by telephone or other means of communication. It is hoped that the wider community can understand the concept of a virtual marriage contract wisely and not necessarily reject it without knowing the context. Muslims are obliged to obey the rules or provisions that have been agreed.

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Publication Details

Journal
OBHE Jurnal Pascasarjana IAIN Papua
Published
2024-11-26
DOI
https://doi.org/10.53491/obhe.v1i02.1265
Citations
1
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
1.13
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article

Akad Nikah Virtual: Perspektif Hukum Islam dan Undang-Undang Perkawinan di Indonesia.

Nur Atika, Zahratul Mawaddah
1 citations
OBHE Jurnal Pascasarjana IAIN Papua
Marriage and Family Dynamics
1.13
article

Akad Nikah Virtual: Perspektif Hukum Islam dan Undang-Undang Perkawinan di Indonesia.

Nur Atika, Zahratul Mawaddah
article en
1 citations

Abstract

This study aims to determine the legal status of virtual marriage contracts from the perspective of Indonesian marriage law and Islamic law, The type of literature research, which is research that uses data sources from books, papers, and scientific works that are relevant to the subject being studied, is used to answer this problem. These sources include a variety of opinions on virtual marriage contracts. The results of the study show that according to Islamic marriage law, a virtual marriage contract is considered valid as long as it meets the legal requirements, including the pillars of marriage. The marriage contract is considered valid as long as there is no firm decision from the legal entity on the opinion that has been determined in the religious court, provided that the Kabul ijab ceremony does not doubt it, is in accordance with the principles and conditions of marriage, and does not contradict Islamic law. This is reinforced by Articles 27 to 29 in the Compilation of Islamic Law which stipulates that the procession of the marriage contract cannot be stopped, carried out directly by the marriage guardian, or announced by the groom by telephone or other means of communication. It is hoped that the wider community can understand the concept of a virtual marriage contract wisely and not necessarily reject it without knowing the context. Muslims are obliged to obey the rules or provisions that have been agreed.

OBHE Jurnal Pascasarjana IAIN PapuaVol. 1(02)
Universitas Islam Makassar (ID), Hasanuddin University (ID)
Gender equality
Openalex Percentile: Top 15%
Marriage and Family Dynamics
1.13
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Akad Nikah Virtual: Perspektif Hukum Islam dan Undang-Undang Perkawinan di Indonesia. — Nur Atika, Zahratul Mawaddah · OBHE Jurnal Pascasarjana IAIN Papua (2024) | TGRS Research Map | TGRS