REKONSTRUKSI HUKUM AKAD NIKAH JARAK JAUH: ANALISIS FIKIH DAN LEGALITAS HUKUM NASIONAL

Abstract

Abstract

The development of digital technology in the Society 5.0 era has influenced all aspects of human life, including the sacred institution of marriage. The phenomenon of "online marriage" or long-distance marriage contracts via video conferencing has emerged as a modern solution but sparked serious debates among scholars and legal experts. This study aims to analyze the jurisprudential view of virtual marriage contracts and synchronize these findings with national marriage regulations in Indonesia. The method used is normative legal research with an approach of ushul fiqh and comparative law. The results indicate that the majority of Syafi'i scholars require the assembly of parties (ijtima' al-majlis) in the marriage contract, which is literally not fulfilled in long-distance situations without representation. National law (Marriage Law and Compilation of Islamic Law) also explicitly requires physical presence. However, the principle of wakalah (representation) supported by digital communication technology serves as a middle ground that is valid according to jurisprudence. This study recommends a reconstruction of the concept of "presence" in national law to accommodate technological advancements without violating the principles of maqashid sharia, particularly in preserving lineage and descent.

Keywords: Online Marriage; Long-distance Marriage Contract; Islamic Jurisprudence; National Law; Society 5.0.