Pelaksanaan Pernikahan Secara Online Di Kecamatan Keliwates (Jember) Dalam Perspektif Hukum Islam Dan Hukum Perkawinan Di Indonesia

Pramana, Pramana (2021) Pelaksanaan Pernikahan Secara Online Di Kecamatan Keliwates (Jember) Dalam Perspektif Hukum Islam Dan Hukum Perkawinan Di Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

Marriage is a contract (agreement) between the prospective groom and the guardian of the prospective bride which is the cause of the lawful relationship between the prospective groom and the prospective bride. As time goes by, some people take advantage of technological sophistication to carry out online weddings due to emergency conditions, namely the two prospective brides are blocked by a very long distance so that it is not possible to carry out the ijab and qobul in one place. One of the couples who carry out marriages online is Mr. Billy Prasetio and Mrs. Nawal Basyarahil in Keliwates District, Jember Regency. The majority of scholars agree that the marriage contract must be held in one assembly, but the scholars differ in interpreting the meaning of the ittihadul majlis. The main problem in this research is how the implementation of online marriage in Keliwates District, Jember Regency and how the validity of online marriage in the perspective of Islamic law and marriage law in Indonesia. The type of research used is normative-empirical research. And the nature of this research is descriptive. The data collection tool in this study was through interviews and documentation relating to the implementation of online marriages in the Keliwates sub-district (Jember) in the perspective of Islamic law and marriage law in Indonesia. The results of this study are online marriages held in Keliwates sub-district (Jember) not much different with marriage in general. What distinguishes it, the marriage is carried out virtually through video calls so that it can be seen and heard clearly the process of consent and qobul. In addition, the validity of online marriage in the view of Islamic law and marriage law in Indonesia there are two interpretations of its validity, this is due to the understanding of ittihad al-majlis. As long as there is no firmness from law enforcement agencies which opinion is enforced at the Office of Religious Affairs and the Religious Courts, then the online marriage contract is valid as long as the ijab and qobul process occur, there is no doubt and fulfills the pillars and conditions of marriage.The legal status of marriage through telephone media is a legal matter, as has been ratified by the South Jakarta Religious Court No. 1751/P/1989.

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