Refleksi Keabsahan Akad Nikah Melalui Telepon: Analisis Pandangan Ulama Mazhab Syafi’i Dan Hambali

Abstract

A marriage contract by telephone is a marriage contract that is held by telephone where the guardian pronounces his consent in one place and the prospective husband proposes to grant it in another place which is far apart. The occurrence of marriage using telecommunications equipment is input from the rapid technological advances. The above has the potential to present new problems that need more in-depth study to solve them. Therefore, this research tries to explore the validity of marriage through the telephone perspective of Imam Syafi'i and Hambali. Utilizing a literature review that is processed in a descriptive-analytic manner, in which primary sources come from books, books, journals. These primary sources are qualitatively narrated so that the findings can be described systematically. The results of this study indicate that according to Imam Syafi'i, a marriage contract via telephone cannot be considered valid because the conditions are not fulfilled, where Imam Syafi'i is more likely to view one assembly in the marriage contract in a physical sense, meaning that as a whole all that is part of the contract Marriage must be present, both the bride and groom, guardians, witnesses, while in the opinion of the Hambali school, the practice of marriage contracts by telephone can be considered valid because of the requirement that two people who are in contract must hear and know clearly each other's words, they can meet by telephone by interpreting "one assembly" in the non-physical sense.