A Study on Marriage Ceremony through Video Call Software:

Modernity and Islamic Law Perspective

Muhammad Abdul Aziz

, A. H. Bahruddin

, Husnul Khotimah

, Zamroni Wafa, Sri Hidayati

Institut Pembina Rohani Islam Jakarta

Universitas Islam Negeri Syarif Hidayatullah Jakarta

huur

srihidayatifsh@uinjkt.ac.id

Keywords: Marriage, Video Call, Islamic Law, Human Rights, Modernity

Abstract: On 28 April 2018 the Indonesian people were struck by the viral news about marriage of a pair of policemen

(briptu Nova di Cikeas and Briptu Andik in Pontianak) via video call, marriage in Islam is a sacred contract

(mistaqon Ghalizha), akad is a series of consent expressed by the guardian and Kabul spoken by the groom

or his representative witnessed by both witnesses, both witnessed also by the prospective bride women or

not. Ijab and Kabul are one of the pillars in marriage, and, the salary between the guardian and the

prospective groom should be clear and not time-lapse, both witnesses must attend and witness firsthand the

contract of marriage and sign marriage certificate at the time and place of marriage ceremony take place,

akad nikah through video call that is Ijab and Kabul conducted by guardians and prospective grooms who

are in place different but can hear each other and see either of them through a telecommunication media

both string (smart phone), computer, laptop, infocus connected with internet network in real time. Ijab and

Kabul can be done and valid if the telecommunication connection is seamlessly connected, but if any

disturbance causes Ijab and Kabul to break down within a time long ago the marriage contract does not

occur and is not valid.

1 INTRODUCTION

Common wedding rituals performed by Muslims in

general are the gathering of the family of the bride

and groom accompanied by the presence of both

brides and grooms in a specified place, then the

bridegroom and the guardian of the bride holding a

marriage contract (Ijab That is the guardian of the

bride or the representative submits a statement

marrying off the bridegroom with the certificate and

Qabul, namely the acceptance of the bridegroom for

the statement of the guardian of the bride or his

deputy) witnessed by two witnesses from the bride

and groom and the State marriage registrar and

subsequent file registration and signing - file of

marriage by both brides and witnesses. Usually, the

process begins with gathering both families in the

same place, where groom, bride and her

representative to sign papers of marriage contract

(book) issued by Indonesian government. On 28

April 2018, local Indonesian news broadcast a viral

and unique marriage process (Ijab-Qabul) which

through a video call software. That unique is when

bride unable to present in the sacral marriage

process, hence, she still saw the process trough

video call although the distance is separating her. On

the other hand, on Islamic law, this method has been

argued with Muslim scholars. In their perspective,

this method is not contrary with Islamic marriage

rules which both side had to see all process (from

beginning to the end). In this papers I would like to

discuss Islamic Law perspective related to the

modernity on marriage law.

2 ISLAM AND MARRIAGE

In theory Islam has given a general concept of

marriage both; harmonious and the conditions that

must be fulfilled with groom and bride. The

harmony is the existence of something will not exist

except with the existence of something and

2960

Aziz, M., Bahruddin, A., Khotimah, H., Wafa, Z. and Hidayati, S.

A Study on Marriage Ceremony through Video Call Software: Modernity and Islamic Law Perspective.

DOI: 10.5220/0009944629602967

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 2960-2967

ISBN: 978-989-758-458-9

something that is part of it, and the condition is the

existence of a law determined by the existence of

these conditions, and and if the condition is not there

then there is no law, and something that is not

included from it and there is no need for something

to be something. The pillars and terms of marriage

are:

1. Both brides who have reached the age

allowed to marry legally, can listen to each

other in essence / legally and or understand

each other, the prospective bridegroom

must be truly a man and also the bride is

truly a woman and not included in the class

of women who are forbidden to marry

prospective grooms.

2. The guardian / representative of the

guardian of the bride is the guardian of

close or distant relatives.

3. Witnesses totalling men or one man and

women who can hear in essence / legally

and understand what is said by the two

parties in agreement (the guardian /

representative who does the consent and

Kabul from the prospective groom).

4. Shighat contract / ijab and Kabul.

The marriage contract is a series of consent and

Kabul. Ijab is a statement that shows the desire to

hold a marriage bond pronounced by a guardian or

his representative as a first party, and qabul is a

statement that shows the willingness to marry from a

husband or a second party.The agreed statement of

Kabul Ijab was to use a lafazh which has a

connotation of marriage and marriage, valid from

then on and until the death of the bride and

groom.Ijab andQabul have to clearly stated (can be

heard intrinsically and legally and or understood) in

one council if the two brides are present (listening

and seeing each other), or not in one place together

(supernatural). Majlis ijab and Kabul are not the

majlis of the two brides, because what is required is

one time, then the word majlis includes all to

facilitate the bride and groom. Complies, streaks

(according to habits) without being interspersed with

anything that is not related to consent and kabul, and

is not withdrawn by both parties. In Islamic fiqh

literature there are media used in expressing the ijab

and Kabul, namely:

1. Using oral media for both parties who can

speak3 , namely the statement submitted by the

guardian / representative of the bride to the groom

who is somewhere and can meet face to face in the

majlis akad, because speaking through verbal is the

most basic medium of wish statement , the marriage

contract is not valid for those who can speak using

media other than that. It was said that one council on

this media began when the second party (the

prospective groom) heard the statement of

permission in the Majlis contract and ended with the

end of the Majlis or with an agreement or with a

clear or hidden Election.

2. Using sign media, only intended for both

parties who hold a contract or one of them has

special needs such as mute and deaf who cannot

write a letter that is in a place and can meet face to

face , one board on this media is the same as a panel

on the media oral..

3. Using letters. This media is used in two

conditions, first: for both parties who are in a place

to face to face but have special needs that can write

letters. Second: the two parties who are in a place far

apart that is not possible to meet face to face, namely

a prospective bridegroom sends a letter to someone

guardian to marry him to a child in a place far away

from the groom. Majlis contract in the first state is

the same as the contract through oral / signalling

media. Whereas a single contract at the second stage

begins when the letter arrives and is received by the

female guardian, and lasts for a period that is

generally agreed upon in the community, until it

ends with legal approval or Election.

4. Using this media messenger media is used by

both parties who are in a place far apart that is not

possible to meet face to face, namely a prospective

bridegroom sends someone to someone guardian to

marry him to a child in a place far from the

bridegroom . Whereas a single contract at the second

stage begins when the letter arrives and is received

by the female guardian, and lasts for a period that is

generally agreed upon in the community, until it

ends with legal approval or Election.

Communication technology is a hardware

device in an organizational structure that contains

social values that allow each individual to collect,

process and exchange information with other

individuals. The thing that underlies a thing can be

categorized as communication technology is 1.

Communication can be implemented on a tool, 2.

Born by social, economic and political structures, 3.

Bringing value from economic, social and political

structures. 4. Can improve the ability of the human

senses, especially the ability to hear and see. Some

of the communication technologies used in modern

times are printing machines (1455), analytic

A Study on Marriage Ceremony through Video Call Software: Modernity and Islamic Law Perspective

2961

machines (1830), telegraphs and Morse OS (1837),

first films (1861), telephone maintenance and

photography (1877), magnetic storage bands (1899),

television tubes (1923), magnetic tape storage media

(1940), hypertext (1945), digital computers (1946),

transistors (1948), transistor Planner (1957),

decentralization computer networks (1962),

America's first computer network (1969), email

program (1972), Internet (1973-1990).

Communication technology has developed so that no

modern society can survive without communication,

this concept is based on the idea that humans have

the need to interact socially, communication that

intersects with cultural life in the broadest sense

occurs in various forms and forms, this development

also gives a very important meaning in social

interaction can take place without the limitations of

space and time, and act as a driver of social

interaction in society can continue to develop in

every aspect of community life that aims to meet the

needs of individuals and groups.

One of the characteristics of Islamic Shari'a is

the inherent nature (according to every time and

place), including in the discussion is the nawazil

case, which meets with developments and new

things (mustajadat), in accordance with the basis and

objectives of Islamic Shari'a which can provide

humans, lifting difficulties and narrowness, although

different times and Place.

3 MARRIAGE VIA VIDEO CALL

A video phone is a telephone with a video screen

and is able to capture video (images) as well as the

transmitted voice, which functions for

communication devices between one person or more

with other people in real time. Initially video calls

can only be used through computer devices that are

combined with telephony cables so that long

distance communication is done with many devices

that are less flexible but then simplified to be more

practical so that it only requires a camera, monitor,

speaker and integrated one gadget namely a laptop,

and simplified into a 3G mobile phone service and

now 4G.

Figure 1: Video call scheme

Video call is a technology that only existed in

the twentieth century, after the telephone, telex, and

internet. Marriage through a video call can be

carried out if both parties are in a place far apart and

it is not possible to meet in one place. Marriage via

video call is a marriage carried out by two parties

who can talk to each other live, listen to each other,

watch even though they are in different places,

related to this the scholars disagree about the

contract made by two parties who are in place

different, but the fact that they make this contract the

same as the contract that is done in a single contract

but their dispute in terms of whether the marriage

contract is included in this acquisition? If allowed,

how can witness attend this marriage contract? How

is the category of one contract?

The majority of scholars include Prof. Wahbah

Zuhaili, Dr. Aqal, Dr. Abdurrazaq Sanhuri, Badran

Abu al Ainain, Mustofa Al Zarqa, Mustafa Sabli,

Abu Malik Kamal, Dr. Abdullah Muhammad

Abdullah, Shaykh Ahmad Ibrahim, Ibrahim Fadhil

Dabu, Dr. Ali Mahyudin al Quratu Daghi, Shaykh

Muhammad al Haj an Nashir, Shaykh Ustadz Umar

Jaa, Dr. Ibrahim Kafi Dawnmiz, Dr. Muhammad

Nabil Ghunaim and the clerics who are members of

majama fiqh argue that the contract through telephon

communication equipment has the same law as a

contract that is carried out orally in general in the

same place, which distinguishes it only in different

places but in the same time. With the condition that

the marriage contract must meet the following

conditions:

1. Both parties who are in agreement are in far

apart places and it is not possible to meet

during the marriage ceremony.

2. It is required that there be a guardian from the

bride (his father) or his representative to carry

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out the marriage ceremony ritual, and his

guardian / deputy declares Kabul quickly /

immediately upon receipt of the letter, and

deserves to be said when Kabul is not enough

to just write it down, and wish for muwalat

(guideline) between the ijab and Kabul,

namely in one majlis directly.

3. At the time of pronunciation Kabul must be

witnessed by both Muslims, just, baligh,

understanding after reading or listening to

Ijab, the way of witnessing is that both

witnesses were present during the

conversation about the marriage contract

through a telephone connection and it was

perfect when the witness could hear the voice

of another party via telephone line.

4. It is preferred to be able to see each other

between the two parties.

5. To overcome fraud and fraud committed by

one of the two parties who acted by revealing

/ showing official personal documents before

witnesses

6. The ritual implementation of the marriage

contract with the media of telephone

communication equipment is required to be in

a place supervised by Islamic institutions /

foundations or official government

institutions (syariyah court, or house of fatwa

or similar).

The reasons are as follows:

1. Atsar Sahabat Umar RA

It was narrated by Ibn Umar that Umar bin

Khatab sent an expedition of troops by

appointing a commander named Sariyah

(sariyah bin Zanim bin Abdullah ibn Jabir al

Kanani Al Daili) when Umar was preaching he

called O Sariyah mountainous ...! Hi Sairiyah

Kegununglah! Then came the messenger from

the army to Umar. Umar asked him about the

state of the army and battle. The envoy replied:

O Amir al-mu'minin, We attacked, during the

attack we heard a voice calling "O Sariyah to

Mount! 3 x. so we take refuge in the mountains

and God attacks them. The conclusion is that

Sariyah heard Umar Ra's call while Umar RA

was in Medina and the distance between umar

and Sariyah was 1 month.

2. Logic

The oral contract implementation through the

communication media has fulfilled the requirements

of the marriage contract, because it allows the

implementation of consent and Kabul orally through

this communication media, and both parties who are

able to listen to each other, and consent and Kabul

can be continuous and continuous as well as

witnesses ca 3. The purpose to go from the contract

is the appearance of willingness, so that it is possible

for one of the parties to be submitted to him to

control himself to accept (Kabul) or reject it. And

this appearance of willingness can be seen verbally.

And this is analogous to what is mentioned by

Syafiiyah who is very close to a contract via

telephone, namely a contract of sale and purchase

conducted by both parties calling on one another,

both parties who are in a distance from each other

but can hear each other and can watch each other

(see). "If both parties call each other when they sell

and buy each other, the sale is legal without a

dispute".

4. Prohibition of carrying out the ritual of

marriage contract through modern communication

tools that can transmit voice is based on the

impossibility of witnessing and the possibility of

falsification, which if the possibility can be

overcome then the prohibition is lost, and this can

occur during live video communication that is not

will cause doubt. And this technology did not yet

exist when Majama fiqh al Islami established its

Decree in 1410 H.

But the scholars who joined in Majama

included Shaykh Hamd Adam Shaykh Abdulah Ali,

Shaykh Harun Khalaf Jaily, Dr. Basyar Awad, Dr.

Bakar Abu Zaid and Lajnah Daimah Shaykh Abdul

Aziz bin Baz, Abdurrazaq Afifi, Abdullah bin

Ghadyan, Abdullah bin Muni 'with the following

considerations:

1. A marriage contract through telephone

connection and the like that can send a voice is

sometimes entered into by a counterfeit done by one

of the parties to the other party, while the marriage

contract must be carried out more carefully than

other contracts to maintain genitals and honor. So

that a marriage contract is invented through modern

communication.

The fatwa of lajnah daimah concerning

marriage contracts that are in harmony with the

terms and conditions by telephone "by paying

attention to many events in recent days in the form

of counterfeiting, deception and intelligence in

following human voices (dubbing) when speaking

and telling stories with several voices so that one

person can act like a group of men or women both

small and mature, and telling them in different

A Study on Marriage Ceremony through Video Call Software: Modernity and Islamic Law Perspective

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voices and languages that gives listeners the

understanding that those who are included are

persons (persons) even though only one person

(person). And by noting that the Islamic Shari'a is

very concerned about all matters relating to the

maintenance of genitals and honor and being very

careful about the matter compared to other cases of

various muamalah contracts, the lajnah daimah

(permanent committee for research and fatwa)

argues not to make Ijab and Kabul and

representatives made n hear it.

2. The marriage contract must be witnessed, and

this testimony cannot be carried out perfectly,

namely during the execution of the Ijab and Kabul as

well as the marriage agreement if both parties are in

the same place (present). And most of the members

collected in Majama Fiqh Islamy The Islamic

congress institute argues that all forms of contract

carried out by both parties that are not in the same

place (unseen) through written media (letters) or

Oral through modern legal communication tools

may (jawaz) except marriage contract, with reason

to be witnessed. So that the decision of majama

number (6/3/54) regarding the law of carrying out

several contracts using modern communication tools

which punishes may be carried out in some

muamalat contracts and prohibits the marriage

contract from using modern means of

communication both written (oral) and oral media.

With the following provisions:

1. If both parties are not in one place (unseen),

they cannot see each other, and cannot

listen to each other, while the means of

communication used by both are written or

letters, or messengers, and the means can

be applied to the letter lightning, facsimile,

computer monitor, in this case the contract

can be carried out and occurs when Ijab is

sent and has arrived at the destination and

received (Kabul).

2. If a contract has been entered into between

the two parties at one time but both parties

are located far apart, and this is applied to

the contract via cable telephone, the

contract made by the two parties is as if

(considered) as a contract carried out by

both parties in the same place (present).

Then the original law was adopted by the

fuqoha.

3. If there is a disruption to this

communication device at the time of the

Ijab in a certain period of time, then the

permit must continue for the period of time

and may not be withdrawn.

4. The above provisions do not include the

marriage contract because there must be a

witness, and the currency exchange contract

(sharf / money change) karan is required to

hold each other (taqabuth), and the indent

contract (greeting) because it is desirable to

pay the principal.

5. With regard to the existence of forgery

(Tazyif / Tazwir), or negligence (ghalat)

then return to the general rules of proof.

4 DISCUSSION

Wedding video calls are Ijab and Kabul processions

which are carried out using oral media which is

connected through communication devices found on

both sides so that they can hear and see each other

during the contract. That is, a guardian of the bride /

deputy in a place where the marriage contract is

held, expresses a desire to marry (ijab) in front of a

communication device connected to the

communication device of the groom in a different

place or vice versa, but both can also listen to each

other and see the approval statement from the

bridegroom, It is said that one council in this media

begins when the second party (the prospective

groom) hears the consent statement in the Majlis

contract and ends with the end of the Majlis or with

a statement agreeing or with a strict or hidden

rejection.

The express rejection can be described by the

groom doing an act that is not related to the contract

witnessed by the guardian and several people who

witnessed the marriage, or the groom turns off the

communication device or disconnects the

communication network one of the two parties.

The implementation of the marriage contract

procession through a video call must be witnessed

by two witnesses who both can hear, understand and

witness the jurisprudence and Kabul which take

place through this communication tool, because this

marriage is like a marriage attended by both parties.

Without this witness, this contract will be cancelled.

Marriage through video calls has a number of

disadvantages compared to marriages that are

carried out in the circumstances where both parties

are in a certain place and among the weaknesses are:

1. That the video call depends on the existence

of the telecommunications network of both parties,

and also on some of the devices connected to it so

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that the network can be interrupted for several hours

or even days, so that one of the parties withdraws the

statement at the time without being noticed by the

other party.

2. the second relates to the existence of voice

falsification (dubbing) and images generated in both

communication devices.

Because the contract through video calls is

analogous to marriage carried out using oral media,

where both parties are in the same place, one majlis

(one time) then when a discontinuation occurs in a

long period of time it can lead to no contract. Then

the marriage contract through a video call can be

repeated several times until the contract occurs.

In connection with overcoming the existence of

sound falsification and others, then a person who is

going to have a minimum marriage to meet face to

face and hear voices and get to know each other with

the family of the bride and groom, and can use the

provisions as Indonesian government regulation

number 9 year 1975 article 3 paragraph 1 and 2

which reads: Every person who is going to enter into

a marriage notifies his intention to the registrar at the

wedding place, and the notification is made at least

10 working days before the marriage takes place.

In the case of notification of marriage intention,

Minister of Religion Regulation No. 11 of 2017

concerning marriage registration, article 5 paragraph

1 - 4 states:

1. Notification of marriage will be conveyed to

the marriage registrar, in the sub-district where the

prospective wife lives.

2. Notification of marriage will be made in

writing by filling out a notification form and

completed with the following requirements:

a. Certificate of marriage from the village

head / lurah or other name

b. Excerpt of birth certificate or letter of

birth, or certificate of origin of the

prospective bride from the village head

/ lurah or other names.

c. Approval of the two brides

d. Certificate of parents (mother and

father) from the village head / official

at the same level.

e. Written permission of parents or

guardians for prospective brides has

not reached the age of 21 years.

f. Permission from the court, in the event

that the two guardian parents referred

to in letter e above do not exist.

g. Dispensation from the court for

prospective husbands who have not

reached the age of 19 years and for

prospective wives who have not

reached the age of 16 years.

h. Permission from the superior / unity if

the prospective bride is a member of

the TNI / POLRI

i. Court decisions are in the form of

permits for husbands who want to have

more than one wife.

j. Excerpts of the book for registration of

divorce / books for divorce registration

for those whose divorce occurred

before the enactment of Law No. 7 of

1989 concerning religious justice.

k. Death certificate or death certificate of

husband / wife is made by the village

head / lurah or official level for

widows / widowers.

l. Permission to marry from the embassy

/ State representative office for foreign

nationals.

3. In the event that the book for registration of

divorce / divorce registration book as referred to in

paragraph 2 letter j is damaged, illegible or lost, then

it must be replaced with a duplicate issued by the

relevant KUA head.

4. In the case of a permit as referred to in

paragraph 1 of a foreign language letter, it must be

translated into Indonesian by an official translator.

And in the case of Marriage Examination

mentioned in article 9 paragraph 1 which reads:

Marriage examination is carried out by VAT or

officers as referred to in article 3 paragraph 1 to

prospective husbands and prospective marriage

wives regarding the existence or absence of

obstacles to marriage under Islamic law and the

completeness of the requirements referred to in

Article 5 paragraph 2.

and Article 10 paragraphs 1 and 2 which read:

1. If the prospective husband, prospective

wife and guardian reside outside the sub-

district where the marriage is held, the

examination can be carried out by the

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2965

marriage registration staff in the area

concerned.

2. The marriage registration staff as referred

to in paragraph 1 after conducting an

examination of the prospective husband,

and or the prospective wife and marriage

guardian, must send the results of the

examination to the district head of the place

where the marriage is held.

5 CONCLUSIONS

1. I agree more with the opinion that says the

marriage contract through oral media is

carried out through the connection of

modern communication tools if it meets the

principles and requirements of Islamic

Shari'a and also the conditions set by those

who allow it

2. The concept of marriage in Islam is if the

marriage principles and conditions have

been fulfilled, as for the ceremony is

adjusted to the prevailing conditions and

customs.

3. Marriage through video calls is analogous to

marriage through oral media in a place and

contract assembly.

4. The occurrence of marriages through video

calls is determined by the presence of

telecommunication networks in both

communication devices of both parties who

hold a marriage contract.

5. One council in a marriage contract through

a video call begins when the groom hears

the statement (ijab) said by the guardian of

the bride / deputy, and ends when the groom

approves it (qabul) or rejects it explicitly or

secretly.

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