Perkawinan Melalui Telepon dalam Perspektif Fiqih

Abstract

The occurrence of marriages via telephone has become a space for differences of opinion among fiqh scholars. There are those who think it is valid and there are those who think it is not valid. For those who have a valid opinion, they take the opinion of the Hanafiyah group. This research aims to explain what fiqh scholars think about marriage by telephone. And what is the solution so that marriages like this can be legalized and accepted by the two groups (Syafi'iyah and Hanafiyah). This research uses a qualitative approach with descriptive methods, namely literature review techniques from various written sources (fiqh books, journals, books and various relevant sources) so as to produce analysis and synthesis of knowledge that is relevant to the problems discussed. The results of this research show that marriage via telephone, from a legal aspect it is still controversial among the ulama, because this has never happened/happened during the time of the Messenger of Allah, friends and tabi'in, even during the time of the mutaqaddimin ulama. Telephone marriages occur in contemporary times, because they are a matter of ijtiawarah, so the legal provisions are still debated by scholars. In this research, the author tends to the opinion of the Syafi'iyah group which says that marriages over the telephone are considered invalid, in order to avoid misfortune and benefit (lisaddi al-dzari'ah).