KEABSAHAN MEDIA (VIDEO CALL WHATSAPP) SEBAGAI PERANTARA PERNIKAHAN

Study Komparatif Kitab Kifāyatul Akhyār dan Kitab al Fiqh al Islam Wa Adillatuhu

Abstract

Fiqh is a branch of knowledge obtained from human
thoughts, which is not something that rejects the development and
progress of the times, as well as on the issue of marriage. Marriages that
were carried out in ancient times with marriages carried out in modern
times are clearly different, this is because with technological advances
what was impossible in ancient times can be done in this modern era.
Seeing this reality, the author wants to examine more deeply the
thoughts of the two figures mentioned above regarding the issue of
marriage, in which the two figures have their respective views on this
matter because one is a 'ulama' salaf and the other is a 'ulama khalaf. In
this article the author wants to discuss the issue of the validity of the
media (whatsap video call) as an intermediary for marriage according
to the book of kifāyatul akhyār and al Fiqh al Islam wa adillatuhu and a
comparative study of media marriage (whatsap video call) according to
the book of Kifāyatul Akhyār dan the book of al Fiqh al Islam wa
Adillatuhu. From this research, the writer concludes that marriage with
media intermediaries (whatsap video call) according to the book of
Kifāyatul Akhyār is not valid, because what is meant by ijtihadu majlis is
the physical presence of the parties involved. Meanwhile, according to
the book al Fiqh al Islam wa adillatuhu that marriage with media
intermediaries (whatsap video call) is legal, because what is meant by
ijtihadu majlis here is regarding the continuity between consent and
kabul. While the most basic difference between the two is the problem
of ittihadu al majlis which in Kifāyatul Akhyār must be physically
present between the person concerned, while in al Fiqh al Islam wa
Adillatuhu it is permissible to use media intermediaries which are
important to be continuous between ijab and kabul.