PERNIKAHAN MELALUI TELEPON DAN REFORMASI HUKUM ISLAM DI INDONESA

• Published in: Al-Mazaahib Vol. 1; no. 1
• Main Author: Habib Shulton Asnawi
• Format: Journal Article
• Language: English
• Published: Universitas Islam Negeri Sunan Kalijaga Yogyakarta 01-06-2012
• ISSN: 2302-7355; 2809-1019
• DOI: 10.14421/al-mazaahib.v1i1.1347

Islamic law is universal. The law must be developed in accordance with social needs, as well as the fiqh rule that "the law change with the changing times and changing times". Islamic law in reality is not idealistic yet and not seem to anticipate the changing and tend to be far from justice. For example, the old product of Islamic law states that marriage or consent granted shall be carried out in a single chamber. Reason or ‘illat of law of one chamber is to maintain continuity and confidence witness against two parties are performing the contract. Social development of the people of Indonesia, especially in the field of technology is currently growing rapidly. Among the legal issues that are biased technological progress is the marriage by the phone. This issue raises the pros and cons among Indonesian scholars. Differences of opinion are based on different interpretations of the concept of the unity of the assembly (ittih}a>dul majlis) in a marriage ceremony. Therefore we need the rule of law in order to fill the legal vacuum due to differences of opinion. It takes a good legal construction, which can accommodate the interests of modern society.