TINJAUAN TENTANG AKAD NIKAH ONLINE BERDASARKAN HUKUM PERKAWINAN DI INDONESIA
Abstract
Marriage contracts that are usually carried out face-to-face in one place can now be done using the videocall feature, which can be
seen and heard but not in one place.This is not regulated in detail in Law Number 16 of 2019 concerning Amendments to Law
Number 1 of 1974 concerning Marriage and in Islam among scholars there is still a debate about the validity of this online
marriage contract.
This type of research is a normative juridical research. The author conducts research on legal principles that refer to legal
norms contained in laws and regulations as well as court decisions as well as legal norms that exist in society. The purpose of this
study is to determine the implementation of online marriage contracts based on marriage law in Indonesia and to find out online
marriages in Indonesia in terms of the principle of legal certainty.
The results of this study are online marriage contracts can be done with the condition that the pillars of marriage are
fulfilled. Online marriage contracts can also be done with the aim of avoiding harm. The purpose of the existence of Islamic law,
namely maintaining religion, preserving the soul, maintaining reason, maintaining honor, and maintaining property. When viewed
from the editorial point of view, there appear to be differences, but in terms of content, in essence, there is one fundamental
similarity, namely establishing the law in matters that are not at all mentioned in the Qur'an or Sunnah, with considerations for the
benefit or interests of the community. Human life based on the principle of benefiting and avoiding harm. In this online marriage
contract issue, the author assumes that the government must make a policy to direct the public so that in carrying out this online
marriage contract, apart from eliminating doubts about whether or not the online marriage contract is legal, it also fulfills the
principle of legal certainty.
From this research, scholars have different opinions regarding online marriage contracts, the first opinion says that it is
valid if the conditions of marriage and its pillars have been fulfilled. While the second opinion says that this kind of marriage is not
valid, because the contract must be done in one place where both parties can meet in person. For the Muslim community, online
marriage contracts like this should not be done, because whether or not a marriage like this is valid raises doubts and differences of
opinion among fiqhiyah scholars. This marriage will also raise doubts whether the two prospective husband and wife are really the
real bride and groom or just a technological engineering.
Keywords: Marriage, Marriage Contract, Online, Validity, Videocall
seen and heard but not in one place.This is not regulated in detail in Law Number 16 of 2019 concerning Amendments to Law
Number 1 of 1974 concerning Marriage and in Islam among scholars there is still a debate about the validity of this online
marriage contract.
This type of research is a normative juridical research. The author conducts research on legal principles that refer to legal
norms contained in laws and regulations as well as court decisions as well as legal norms that exist in society. The purpose of this
study is to determine the implementation of online marriage contracts based on marriage law in Indonesia and to find out online
marriages in Indonesia in terms of the principle of legal certainty.
The results of this study are online marriage contracts can be done with the condition that the pillars of marriage are
fulfilled. Online marriage contracts can also be done with the aim of avoiding harm. The purpose of the existence of Islamic law,
namely maintaining religion, preserving the soul, maintaining reason, maintaining honor, and maintaining property. When viewed
from the editorial point of view, there appear to be differences, but in terms of content, in essence, there is one fundamental
similarity, namely establishing the law in matters that are not at all mentioned in the Qur'an or Sunnah, with considerations for the
benefit or interests of the community. Human life based on the principle of benefiting and avoiding harm. In this online marriage
contract issue, the author assumes that the government must make a policy to direct the public so that in carrying out this online
marriage contract, apart from eliminating doubts about whether or not the online marriage contract is legal, it also fulfills the
principle of legal certainty.
From this research, scholars have different opinions regarding online marriage contracts, the first opinion says that it is
valid if the conditions of marriage and its pillars have been fulfilled. While the second opinion says that this kind of marriage is not
valid, because the contract must be done in one place where both parties can meet in person. For the Muslim community, online
marriage contracts like this should not be done, because whether or not a marriage like this is valid raises doubts and differences of
opinion among fiqhiyah scholars. This marriage will also raise doubts whether the two prospective husband and wife are really the
real bride and groom or just a technological engineering.
Keywords: Marriage, Marriage Contract, Online, Validity, Videocall
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