Online Marriage from the Perspective of Islamic Law and Positive Law at the Junrejo District Religious Affairs Office

Abstract

This research aims to analyze the validity of online marriage contracts according to Islamic law by examining the perspectives of various schools of fiqh and Indonesian positive law. The research method used is qualitative with a descriptive approach. Data collection was carried out through interviews and observations. To enhance data validity, the researcher used source triangulation. The findings show that scholars differ in their opinions regarding the validity of online marriage. The Shafi'i, Maliki, and Hanbali schools reject it due to the emphasis on physical presence, while the Hanafi school permits it as long as the offer and acceptance are conducted simultaneously, even if from different locations. In Indonesia, online marriage is not yet regulated by law, but the Indonesian Ulema Council (MUI) allows it if a representative is used. These findings reflect that, although technology allows for online marriage contracts, caution in adhering to the essential conditions of the contract remains a primary concern.