Implikasi Menikah Via Telepon dalam Perspektif Hukum Keluarga Islam

Abstract

Telephone marriages have become a controversial issue in Islamic family law in the modern era. Various views have emerged from scholars and schools of thought regarding their validity, particularly concerning the essential pillars and conditions for marriage, such as the offer and acceptance (ijab kabul), the presence of a guardian (wali), and witnesses. Some scholars permit telephone marriage in emergency situations with specific conditions, while others reject it due to the risks of mistakes or deception. Cases in Muslim countries indicate that this practice occurs, but it requires validation from local sharia authorities. Despite differing opinions, the conditions of sharia remain essential for both direct and remote marriages. The research method used in this study includes qualitative analysis of relevant Islamic law literature, interviews with scholars and legal practitioners, and case studies in several Muslim countries that have implemented remote marriages. With the advancement of technology changing social interactions, it is crucial for Islamic law to adapt to these new contexts without overlooking sharia principles. Therefore, in-depth studies and clear fatwas from Islamic legal authorities are necessary to ensure the validity and legal protection for couples who marry electronically.