scholarly journals Keabsahan Akad Nikah melalui Video Call menurut Hukum Islam

2021 ◽  
Vol 1 (1) ◽  
pp. 21-26
Author(s):  
Mochamad Adrian Pranata ◽  
Neneng Nurhasanah ◽  
Muhammad Yunus
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Essential Elements ◽  
Legal Requirements ◽  
Technological Advances ◽  
Internet Media ◽  
Marriage Contract ◽  
The Media ◽  
The Guardian ◽  
Female Marriage

Abstract. Islamic law emphasizes that "marriage is a form of muqayyah worship. Its validity lies in its terms and harmony. Therefore it requires / requires the presence of contracted parties, meanwhile with the development of technology, the marriage contract through the media of video calls is not considered valid if the terms and conditions are not met. The pillars or essential elements are consent and qabul. The problem points formulated in this study are How Marriage via video call media according to Islamic Law, How is the validity of the Marriage Contract through video call according to Islamic Law.The research method used is the normative juridical method. which is the object of Marriage Contract Research through video call media according to Islamic Law. The purpose of this research: To know marriage through video call media according to Islamic law, to know the validity of the marriage contract through video call media according to Islamic law.The results of the study concluded that: Marriage via video call is a consent statement uttered by the female guardian which is then answered by the male, based on technological advances through the internet media. The marriage contract through legal video call media fulfills the requirements and harmonious marriage, does not contradict Islamic law, such as a prospective husband and a female marriage guardian, two witnesses and a consent of Kabul. This is confirmed by the provisions of Article 27 to 29 Compilation of Islamic Law, among others, not intermittent, carried out directly by the guardian of marriage concerned and pronounced directly by the groom through a video call, then fulfilled, among others, harmonious, legal requirements, conditions of marriage. Abstrak. Hukum Islam menegaskan bahwa “perkawinan dinyatakan bentuk ibadah muqayyah keabsahannya terletak pada syarat dan rukunnya. Oleh karena itu mengharuskan/mensyaratkan hadirnya pihak-pihak yang berakad, sementara itu dengan perkembangan teknologi maka akad nikah melalui media video call, tidak dianggap sah jika syarat dan rukunnya ada yang tidak terpenuhi. Rukun-rukun atau unsur-unsur esensialnya adalah ijab dan qabul. Poin masalah yang dirumuskan dalam penelitian ini adalah Bagaimana Pernikahan melalui media video call menurut Hukum Islam, Bagaimana Keabsahan Akad Nikah melalui media video call menurut Hukum Islam. Metode penelitian yang digunakan adalah metode yuridis normatif. yang menjadi Objek Penelitian Akad Nikah melalui media video call menurut Hukum Islam. Tujuan penelitian ini : Untuk mengetahui Pernikahan melalui media Video call menurut Hukum Islam, Untuk mengetahui Keabsahan Akad nikah melalui media Video call menurut Hukum Islam. Hasil penelitian menyimpulkan bahwa: Pernikahan melalui media video call merupakan pernyataan ijab yang diucapkan oleh wali pihak perempuan yang kemudian dijawab oleh pihak laki-laki, berdasarkan kemajuan teknologi melalui media internet. Akad nikah melalui media video call sah memenuhi syarat dan rukun perkawinan, tidak bertentangan dengan hukum islam, seperti adanya calon suami dan, wali nikah pihak perempuan, dua orang saksi dan ijab kabul. Hal ini dikuatkan dengan ketentuan pasal 27sampai dengan 29 Kompilasi Hukum Islam antara lain tidak berselang waktu, dilakukan langsung oleh wali nikah yang bersangkutan dan diucapkan langsung oleh mempelai laki-laki melalui video call, Kemudian terpenuhi antara lain rukun, syarat sah, syarat-syarat perkawinan.

scholarly journals Perkawinan Tradisi Jujuran dalam Adat Bugis Perantau di Kutai Kartangera: Suatu Kajian Perbandingan dengan Hukum Islam

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 121
Author(s):  
Eko Rial Nugroho ◽  
Abdul Wahid
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Research Data ◽  
Legal Research ◽  
Library Research ◽  
Marriage Contract ◽  
Research Problems ◽  
Traditional Marriage ◽  
The Guardian

One of the marriage processions is the presence of dowry. The culture of giving dowry differs from one region to another. The practice of the jujuran tradition in Kuala Samboja Village, Samboja District, Kutai Kartanegara District has social impacts, including men feeling restrained to get married. Whereas Islam provides convenience, so that each can enjoy a halal and good relationship. The problem is how is the comparison between marriage with the jujuran tradition in the Bugis nomads in Kutai Kartanegara with marriage in Islamic Law. The research method is a normative legal research that bases its analysis on legislation related to the research problems studied. The approach in this study is a doctrinal approach. Sources of research data are secondary data, namely data obtained from library research in the form of legal materials consisting of primary legal materials, secondary legal materials, tertiary legal materials. The results of the study, first, the jujuran tradition is a unity in the traditional marriage procession of the community of Kuala Samboja Village, Samboja District, Kutai Kartanegara Regency. The jujuran tradition is one of the benchmarks for the sustainability of marriage plans. The principle of marriage in the jujuran tradition is that marriage will not be carried out or canceled, if the jujuran cannot be fulfilled by the prospective bridegroom and his family. Secondly, marriage in Islam must fulfill the terms and conditions of marriage. The marriage guardian is one of the important elements in a marriage contract because marriage will no longer valid if it is done without guardian. There has been event that a marriage guardian refusing to marry his daughter on the grounds of contradicting the syara’, a reason that are not justified by the law of shara 'which is referred to as adhal (reluctant) then there must be replaced by wali hakim. The position of the wali hakim in the process of the marriage as the guardian in lieu of the guardian of the prospective bride or replacing the position of the nashab guardian who, due to certain circumstances, cannot or does not want to become a marriage guardian for his daughter. The position and authority of the judge's guardian is the same as the nashab guardian or guardian of the bride lady who is under his guardianship.

scholarly journals Implementasi Pertimbangan Hakim dalam Mengabulkan Permohonan Penetapan Wali Adhal Untuk Melaksanakan Perkawinan Menurut Hukum Islam (Studi Putusan Nomor 0055/ Pdt. P/ 2019/PA.Mt)

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 245
Author(s):  
Baharudin Baharudin
Keyword(s):  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Library Research ◽  
Data Collecting ◽  
Marriage Contract ◽  
The Guardian ◽  
Legal Marriage ◽  
Research Analysis

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.

scholarly journals WALI NIKAH DALAM KITAB FATH AL-QADÎR KARYA IBNU HIMMAM (Tinjauan Deskriptif Analitis Tematis)

2018 ◽  
Vol 3 (2) ◽  
pp. 173
Author(s):  
Dwi Sagita Akbar
Keyword(s):  
Islamic Law ◽  
Arab Culture ◽  
Absolute Requirement ◽  
Marriage Contract ◽  
The Guardian

<em>Marriage has terms and harmony that have been established both in the Qur'an and in the Hadith. One of the conditions in a marriage contract is the presence of a parent (guardian) and a representative. Trusteeship, which was originally an ancient Arab culture that eventually became the Prophet's Sunnah was an absolute requirement for women to be able to do a marriage. What is meant by guardian in marriage is someone who acts on behalf of the bride in a marriage contract. Indeed there is no single verse of the Koran that clearly (explicitly) explains the existence of a guardian in a marriage contract. But there are only verses that can be understood to require the existence of a guardian as in the letter Al-Baqarah verse 221. This article briefly describes the guardian of marriage contained in the Fath Qadir Ibn Himmam. The book of Fath al-Qadir by Ibn Himmam was chosen to be the main source of study because it was one of the monumental works of all times in the field of Islamic Sciences especially for the study of Islamic law and was born from one of the famous Jurists to the present. The story of the Fath Qadir book is explained that according to Ibn Himmam guardianship in marriage is divided into two types, namely nadab / musthab and ijbar guardianship</em>

scholarly journals The Custom of Distant-Marriage: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Study ◽  
Islamic Law ◽  
Family Members ◽  
Main Subject ◽  
Marriage Contract ◽  
The Subject ◽  
The Guardian ◽  
Legal Marriage

This research presents a marriage custom called the custom of "Distant-Marriage," where the guardian is intentionally excluded during the marriage contract without any necessary reason that called for it. The researchers discuss about legal marriage and its conditions which include (according to the sound view of Muslim jurists,) the consent of the guardian. The researchers also mention the different opinions of jurists concerning this guardianship during the marriage contract, followed by the evidence of each School of Islamic Law and then state the fairest opinion on the matter. In addition, the researchers mention the pillars of marriage, its rulings, and its purposes because of which it has been legislated. All of this is mentioned as an introduction to the main subject of the research. Then the researchers move to talk about the crux of the subject which is "Distant-Marriage" with its definition, and the reasons that facilitated its spread among Muslims. The researchers then speak about the effects and damages caused by “Distant-Marriage,” including the large number of divorces, the displacement or homelessness of children and the separation between relatives and family members. Finally, the researchers talk about the position of Shafi'ī School of Law on “Distant-Marriage” indicating that this marriage is not related to this School of Law. Therefore, the researchers state that “Distant-Marriage” violates the method of Islamic legal marriage, and that Muslims must avoid it.

scholarly journals IMPLEMENTASI METODE SENTRA PERSIAPAN DALAM MENGEMBANGKAN KECERDASAN VERBAL LINGUISTIK ANAK USIA DINI

2020 ◽  
Vol 4 (1) ◽  
pp. 095
Author(s):  
Ellyana Ilsan Eka putri ◽  
Rosdiana Dewi ◽  
Imam Wahyono
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Research Method ◽  
Qualitative Research Method ◽  
Programmed Learning ◽  
Inhibiting Factors ◽  
The Media ◽  
Principal Subject ◽  
The Guardian

This study aims to describe: 1) the implementation of centers of preparation in developing verbal linguistic intelligence, 2) supporting factors and obstacles to the implementation of preparation centers in developing verbal linguistic intelligence. This type of research is a qualitative research method with the principal subject of research, teachers, students aged 5-6 years. Data collection is done using the method of observation, interviews and documentation. The results showed that: 1) the implementation of the method of preparation center in developing verbal linguistic intelligence was carried out with 3 stage, 2) supporting factors in the implementation of preparation centers, namely: a) the media provided varies or the availability of complete facilities and infrastructure, b) learning based on age classification c) programmed learning. while the inhibiting factors are: a) the condition of the guardian of the student who does not understand the method of preparation center, b) the mood of the changing child c) the media that do not support the difficult theme d) not all teachers graduate from PAUD.

scholarly journals Tawkil Traditions in the Implementation of Marriage Contract in Aceh, Indonesia

2019 ◽  
Vol 2 (3) ◽  
pp. 210-218
Author(s):  
Imran Imran ◽  
Muammar Muammar ◽  
Jauharah Jauharah ◽  
T. Azwar Aziz ◽  
Darmawi Darmawi ◽  
...  
Keyword(s):  
Public Perception ◽  
Islamic Law ◽  
Human Life ◽  
The Public ◽  
Religious Law ◽  
Marriage Contract ◽  
History Of ◽  
The One ◽  
The Guardian

The existence of guardians in the implementation of marriage contract has been explained in Islamic law in a clear and detailed manner. Guardian for a woman becomes one of pillar in the implementation of the marriage contract, and has a systematic sequence that starts from the main one and moves sequentially to the one after, if the one above is considered ‘uzur. But the primacy of the existence of the guardian is not utilized maximally in the perception of the Acehnese people. So that most people tend to represent the implementation of the marriage contract to other people such as pious people or marriage registration officers. The parental guardian prefers to care for his guardian rights to others even though basically there is no obstacle that hinder him. The problem is the practice law of tawkil marriage in the tradition of Aceh people according to Islamic law review. The results of the study shows that the public perception of the implementation of wakalah (tawkil) marriage is based on an understanding about the ability to be brave in the implementation of the marriage contract. But their understanding is based on habits that occur in the traditions of society, not based on the results of scientific studies. Indeed, the practice of tawkil or wakalah marriage that occurs in Acehnese society does not conflict with religious law, but the implication is the erosion of the erosion of the existence of guardians and the parental guardian in a very memorable contract in the history of a human life.

scholarly journals Tinjauan Hukum Islam terhadap Pernikahan dengan Wali Hakim (Studi Kasus di KUA Kecamatan Bulo, Kabupaten Polman)

2021 ◽  
Vol 2 (2) ◽  
pp. 301-313
Author(s):  
Mukran H. Usman ◽  
A. Hawariah ◽  
Rosmita Rosmita ◽  
Nurfatimah Muh. Tahir
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Techniques ◽  
Normative Approach ◽  
Positive Law ◽  
The Guardian

This study aimed to determine the cause of the marriage of guardian judges in the KUA, Bulo District, Polman Regency and to find out the review of Islamic law on this phenomenon. The research method used was field research with descriptive analysis techniques and applies a phenomenological and juridical-normative approach. The results showed that; 1) Among the factors in the occurrence of marriage with the guardian judge at the KUA, Bulo Sub-district, Polman Regency, is because there are no living lineage guardians and or no Muslim lineage guardians; 2) According to Islamic law, marriage with a guardian judge is legal if it has fulfilled the conditions and pillars that have been determined both in positive law and Islamic law, where the KUA Kecematan Bulo, Polman Regency stipulates that the guardian judge is a Muslim, akil, and balig.

scholarly journals Guardian For Children Out of Marriage in Marriage (Analysis of Syafi'īyyah Fiqh and Civil law)

2020 ◽  
Vol 2 (3) ◽  
pp. 782-793
Author(s):  
Faisal ◽  
Nasrullah ◽  
Muhammad Wali al-Khalizi
Keyword(s):  
Research Method ◽  
Science And Technology ◽  
Descriptive Analysis ◽  
Civil Law ◽  
Research Library ◽  
Biological Father ◽  
Normative Approach ◽  
Library Research ◽  
Marriage Contract ◽  
The Guardian

This writing aims to explain the position guardian in marriage according to Fiqh Syafi'īyyah dan Civil Law, as well asto describe guardian for children out of wedlock according to analysis Fiqh Syafi'īyyah and Civil Law.This research includes library research (Library Research). The method used is descriptive analysis research method, the approach used is a normative approach. To assist the preparation of this research the author reads books and books related to the problems to be discussed. The results showed thatposition guardian in marriage according to Fiqh Syafi'īyyah dan Civil law is very important, meaning that at the same time it has the nature of determining the validity of a marriage contract, so that if a marriage contract is carried out by a guardian or his representative, then the marriage contract will be valid, but on the contrary if the marriage contract is not carried out by the guardian or his representative, then The marriage contract is invalid and invalid. So betweenFiqh Syafi'īyyahand Civil Law has the same view regarding position guardian in marriage. The results also show that which become guardian for children out of wedlock according to Fiqh analysis Shafi'īyyah is guardian judge, in this case is the president even though she is a woman, and state officials whose powers are delegated by the president in matters of trustees such as the Minister of Religion and his lowest officials such as the KUA. Whereas according to Civil Law analysis is the biological father of the child provided there is an acknowledgment from the mother and father and is proven by an authentic deed and can be proven based on science and technology.

scholarly journals Perlindungan Hukum Para Pihak dalam Perjanjian Jual Beli Melalui Media Elektronik

2021 ◽  
Vol 2 (1) ◽  
pp. 202-206
Author(s):  
Pande Bagus Yoga Pratama Putra ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Human Trafficking ◽  
Research Method ◽  
Legal Protection ◽  
Power Of Attorney ◽  
Legal Research ◽  
Online Transactions ◽  
Internet Media ◽  
Electronic Transactions ◽  
The Media ◽  
Legal Consequences

Electronic commerce (E-commerce is basically an act in which contact online transactions using the internet media, and also the existence of E-Commerce is a promising business alternative to be implemented today. This study aims to analyze the validity of the sale-purchase agreement through the media. electronic or internet according to Law No. 11 of 2008 and knowing the form of legal protection for parties in sale and purchase agreements through electronic media in the event of a failure. The research method used is normative legal research with a bullying approach. wan achievement, the party who is responsible for all legal consequences in the implementation of electronic transactions is if it is done alone, all legal consequences in the execution of the transaction are the responsibility of the transacting parties if it is done by granting power of attorney all legal consequences in the implementation of t Electronic transactions are the responsibility of the attorney if done through an electronic agent. All legal consequences in the implementation of electronic transactions are the responsibility of the electronic agent operators. It's simple if in this case an honest character is needed in good faith, where the seller and the buyer must be honest with each other, there are no parties and are harmed for their benefit only so that a valid agreement occurs, and also the goods being traded do not violate the law in Indonesia, such as sharp weapons, protected animals, human trafficking, and drugs.

scholarly journals Artificial Intelligence and Its Reportage in Select Nigerian Newspapers: A Content Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 45-61
Author(s):  
Jammy Guanah ◽  
Ijeoma OBI ◽  
Alpha Chukwuemeka GINIKACHUKWU
Keyword(s):  
Artificial Intelligence ◽  
Content Analysis ◽  
Research Method ◽  
Research System ◽  
Not Given ◽  
The Public ◽  
Creative Research ◽  
The Media ◽  
Setting Theory ◽  
The Guardian

The emergence of Artificial Intelligence (AI) is gradually having effects in most facets of the society; and no area tends to be exempted from this AI bug. This research explored the discourses of the place of the media, especially newspapers, as the watchdogs of the society in this unfolding scenario. It was expected that the media should be at the forefront in letting citizens know its implications. The study set out to determine the volume of coverage given to news about Artificial Intelligence (AI) by The Punch, The Guardian, and Vanguard newspapers; to identify the story types through which AI stories were reported by the newspapers, and to examine if the newspapers gave prominence to AI stories. The study was anchored on the Agenda Setting Theory while Content Analysis was adopted as the research method for obtaining data from a population of 1,095 made up of the newspapers` editions from January to December 2019, and a sample size of 285 derived through the use of the Creative Research System Calculator. The study revealed that only 64 AI stories appeared in the selected newspapers throughout 2019. It also discovered that most of the stories were in photograph form, and that prominence was not given to AI stories by the newspapers. It was therefore concluded that since automation may be the future, newspapers must start to intensify in educating the public about AI through their coverage. The study recommended among other things that newspapers should give prominence to AI stories. Also, they should report AI stories with all story types, and place such stories in all the prime sections of the newspapers.

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