Pandangan Wahbah Az-Zuhaili Tentang Akad Nikah Melalui Telekonferensi Beserta Prospeknya Dalam Pengembangan Hukum Keluarga Islam Di Indonesia

QODRIL R, MIFTAHUL (2023) Pandangan Wahbah Az-Zuhaili Tentang Akad Nikah Melalui Telekonferensi Beserta Prospeknya Dalam Pengembangan Hukum Keluarga Islam Di Indonesia. Masters thesis, UIN Kiai Haji Achmad Siddiq Jember.

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Abstract

Qodril R, Miftahul, 2022. Wahbah Az-Zuhaili's View on the Marriage Contract Through Telekonferensis and Its Prospects in the Development of Islamic Family Law in Indonesia. Thesis. Postgraduate Family Law Study Program, State Islamic University of Kiai Haji Achmad Siddiq Jember. Supervisor I: Dr. Ishaq, M.Ag. Supervisor II: Dr. H. Pujiono, M.Ag.

In the current era of technology, it is possible to carry out a marriage contract with the help of technology that can facilitate the parties who will carry out the marriage contract. In the study of Islamic law, there is no definite law regarding this long-distance marriage. Because this is a case of ijtihadiyah which is not mentioned in the texts of the Qur'an or Sunnah. In Indonesia, there is also no legal certainty regarding long-distance marriage contracts.
The focus of the study in this research includes, How is the development of teleconferencing in Indonesia in terms of the utilization of marriage contract media? How is Wahbah Az-Zuhaili's view of the marriage contract via video telekonferensi when compared to the views of other scholars? What are the prospects for the relationship between Islamic family law and the implementation of marriage contracts via video telekonferensi in Indonesia?
In this study the approach used is a qualitative approach. Researchers occupy a position not only as a data collector in terms of quantity but researchers want to gain a deeper understanding of the prospects for Wahbah Az-Zuhaili's views on marriage contracts via telekonferensi in the development of Islamic family law in Indonesia.
While this type of research uses a library research approach, which is a series of activities related to the methods of collecting library data, reading and taking notes and processing research materials. So that books and literature related to marriage in Islam as well as other supporting materials, become the main reference in this study.
1. The results of this study show that marriage practices that take advantage of advances in communication technology are not new to be discovered, during the Covid 19 pandemic which is a global disaster, . It is recorded that several similar events have occurred several times in Indonesia in previous years.
2. The dynamics of marriage via teleconference that occurred in Indonesia, were greatly influenced by differences by the Great Scholars such as Syafi'I and Hambali. The difference between the two is due to the debate as to whether or not it is true that the contracting parties are those who from the beginning intended to marry and who are entitled to marry and their interpretation of the ittihadul of the assembly.
3. The prospect of a marriage contract via Teleconferencing has not been factually regulated in the governing regulations, so it can be said that the legal umbrella in this case is still weak. However, if you follow the views of Wahbah Az-Az-Zuhaili, marriage by teleconference is a marriage that is allowed and can be considered valid.

Keywords: consent and acceptance, telekonferensi

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