Ahmad, Ahmad (2022) Akad Nikah Online: Tinjauan atas Konsep Ijab Qabul dalam Kitab An-Nikah Karya Syekh Muhammad Arsyad Al-Banjari. Tesis, Pascasarjana.

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ABSTRAK

Online marriage contracts are a legal issue in the modern era and a new phenomenon of contemporary fiqh problems for which there are no definite provisions regarding the validity or legitimacy of Islamic law, due to conflicting opinions of scholars. In addition, there is the figure of Sheikh Muhammad Arsyad al-Banjari, who is famous as a figure who is able to see differences in the views of scholars on the issue of fiqh and ushul fiqh, so he is called a fiqh expert. In terms of marriage fiqh, he wrote the book An-Nikah. Therefore, researchers are interested in reviewing and analyzing the book An-Nikah by Sheikh Muhammad Arsyad al-Banjari related to online marriage contracts. This research is a normative research, which is carried out by analyzing library materials, using a conceptual approach and an analytical approach, as well as hermeneutic theory as an analytical tool. The results showed that the concept of ijab qabul in the Book of AnNikah is the occurrence of the pronunciation of submission (ijab) by the marriage guardian or representative of the woman, which is then answered, continued or accepted by the man who wants to marry the woman with the pronunciation of acceptance (qabul). . This online marriage contract review of the concept of ijab qabul in the book An-Nikah by Sheikh Muhammad Arsyad al-Banjari is analyzed based on one theory, namely the hermeneutic theory, in this case Gadamer's Hermeneutics theory as the analytical knife. Based on the analysis of Gadamer's Hermeneutics theory, the researcher argues that the online consent qabul is valid as long as the conditions for the validity of the qabul consent are fulfilled. In the book it is not stated that the union in one place is a condition for the validity of the consent qabul, but the condition for the validity of the consent qabul based on the concept of ijab qabul in the book of An-Nikah is that there is no pause and separation between consent and qabul. All sciences have a relationship and are related to each other, including technology, such as marriage constrained by distance which is a problem for modern Muslims today that can be overcome by offering online technology media, so that the conditions for the validity of the consent qabul in the book An-Nikah The work of Sheikh Muhammad Arsyad Sheikh al-Banjari can still be fulfilled, because with this online technology media, the qabul agreement can still be connected or connected in real time even though it is separated by time and distance, it can still be united through an online network audio and visual. Ijab qabul online is a solution and a new offer for Islamic problems in the modern era.

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