TINJAUAN HUKUM ISLAM TERHADAP AKAD NIKAH MELALUI TELEPON (STUDI KASUS PADA KELURAHAN LAMOKATO, KEC. KOLAKA, KAB. KOLAKA)

Abstrak

Islamic law is a set of regulations based on Allah's revelation and the sunnah of the Prophet 
regarding the behavior of mukhallaf humans which are recognized and believed to be binding
for all who are Muslims. Islamic law is universal. Law must develop according to the social
needs of the community, as the rule in fiqh that "law changes with the changing times and
changing times". In reality, Islamic law is not yet idealistic and seems unable to anticipate
changing times and tends to be far from justice. For example, old Islamic law products state that
marriage or consent granted must be carried out in one assembly. The reason or legal illat of one
assembly is to maintain the continuity and confidence of the witnesses for the two parties who
are carrying out the contract. Social development in Indonesian society, especially in the field of
technology is currently growing rapidly. Marriage in the Islamic concept is an inner and outer
bond between a man and a woman and with the consent of both and based on love and affection
agree to live together as husband and wife in a household bond. From the results of the study, it
was found that the marriage contract via telephone in the view of Islamic law must fulfill the
law and the requirements for marriage in its validity, as long as there is no firmness from law
enforcement agencies. Which opinion is enforced in the religious court, then during the process
of the consent granted there is no doubt and fulfills the pillars and conditions. In its
implementation, it fulfills the requirements and pillars of marriage and does not conflict with the
compilation of Islamic law, so the marriage is valid. This is corroborated by the provisions of
articles 27 to 29 of the compilation of Islamic law, among others, not lapse of time, then it is
carried out by the guardian of the marriage concerned and said directly by the groom over the
telephone.

Keywords: Islamic