Analisis Problematika Akad Nikah Virtual Perspektif Empat Mazhab

Abstract

Digitalization has changed many aspects of human life, including marriage. Many people today hold virtual weddings. The purpose of this study is to analyze the problems of virtual marriage practice by looking at the legal side from the view of four schools. This research uses library research method through normative legal approach (Islamic law).  The results of this study are as follows: (1) Connectivity imbalance causes loss of ijab and kabul networks. The Hanafiyyah and Hanbaliyyah schools consider the marriage contract valid, the Shafi'iyyah and Malikiyyah schools are invalid unless they are only briefly interrupted and there is no sign of breaking the ijab and kabul refinement. (2) The occurrence of speculative elements that cause one of the brides-to-be not to meet the requirements, scholars of the four schools of thought agree that the marriage contract is invalid. (3) The loss of audio from one or both parties that causes the witness and the contractor to be unable to hear each other. According to the three schools (Hanafiyyah, Shafi'iyyah, and Hanbaliyyah), the marriage contract is invalid. According to the Malikiyya school the law is valid. (4) Visual loss (image) that causes the witness to be unable to see the party performing the contract. According to the Hanafi school, Hanbaliyyah and Malikiyyah marriage contracts are valid. The Shafi'iyyah School, the contract is invalid because the pillars of sighat ijab kabul marriage that is carried out virtually are classified as shigat kinayah and there is no unity of place. (5) Regulations issued by the Ministry of Religion regarding the impermissibility of holding a virtual marriage contract, if the marriage contract has met the requirements and harmony, the validity of the marriage contract is not affected by regulations set by the government. However, it can be categorized as makruh, even haram, because it violates government regulations.