Nikah Online Perspektif Hukum Islam dan Hukum Posotif Indonesia

Abstract

With developments in the current era, it also has an impact on the development of increasingly sophisticated technology, so that people react to it in various ways, both positive and negative. There are many new technological discoveries in the field of communication, for example the internet, telephone, teleconference, cellphone, telegram and so on. So that current technological developments are leading society towards the globalization of telecommunications, media and informatics. In current conditions, many problems arise in a contract via electronic media, for example online marriages where the consent and acceptance transaction is carried out through connectivity conditions or activities connected to a network or internet system (via online). Starting from the problem above, fiqh as a product of human thought related to Islamic law must be able to provide juridical answers to changes that occur in society. Apart from that, the public also knows the legal basis in Law Number 16 of 2019 concerning Marriage and the legal basis regarding online marriage which is based on Law Number 19 of 2016 concerning Information and Electronic Transactions. This is a form of preventive step before people debate the legal umbrella regarding online marriage.