Keabsahan Akad Nikah Online Menurut Fiqh Munakahat dan Peraturan Perundang-Undangan di Indonesia

Abstract

This study aims to analyze the validity of online marriage contracts from the perspective of fiqh munakahat and their conformity with the legal regulations in Indonesia. The main focus of this research is to explore how classical and contemporary Islamic scholars interpret the principles of ittihad al-majlis, the validity of long-distance ijab-qabul, and the essential requirements of marriage in a digital context, as well as to examine the extent to which Indonesian positive law accommodates or restricts the practice of online marital contracts. The research employs a library-based method with a descriptive-analytical approach. Data were collected from classical and contemporary fiqh literature, scientific journals published within the last five years, fatwas from religious institutions, and official legal sources such as Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and technical regulations issued by the Ministry of Religious Affairs. Data analysis was conducted through data reduction, classification, comparison between scholarly opinions and legal provisions, and systematic conclusion drawing. The findings indicate that online marriage contracts can be considered valid according to Islamic jurisprudence as long as all essential pillars and conditions of marriage are fulfilled, including the ijab-qabul delivered in a single virtual session, the presence of a guardian, two witnesses, and clear identity verification of the bride and groom. However, according to Indonesian legal regulations, online marriage ceremonies are not explicitly recognized, and legal marital status still requires physical presence at the Office of Religious Affairs (KUA) for official registration. Thus, online marriage contracts may be religiously valid but do not possess legal force under state law without formal registration procedures.