Akad Nikah Virtual: Transformasi Hukum Perikatan dan Pembaharuan Fiqh Muamalah Digital

Abstract

The development of digital technology has brought a profound transformation to various aspects of life, including the implementation of marriage contracts (akad nikah), which are now increasingly conducted in virtual form. This phenomenon not only raises legal questions but also invites a reinterpretation of the sacred concept of ‘aqd (contract) within fiqh muamalah (Islamic transactional jurisprudence). This article aims to analyze virtual marriage contracts as a form of transformation in the law of obligations and renewal of digital fiqh muamalah, by examining the relevance between Indonesia’s positive legal norms and the principles of Islamic law. Using a qualitative-descriptive approach and library research method, this study explores primary sources such as the Marriage Law, the Compilation of Islamic Law, and the MUI (Indonesian Ulema Council) Fatwa, while enriching the analysis with contemporary journals discussing the digitalization of contracts and electronic contract law. The findings indicate that virtual marriage contracts are legally and shar‘i valid as long as they fulfill the pillars and conditions of marriage and are conducted under the supervision of authorized officials, as stipulated in the MUI Fatwa. From the perspective of contract law, virtual marriage signifies a transformation in form rather than substance, where validity still depends on mutual consent, lawful object, and legitimate cause, as governed by the Indonesian Civil Code and classical fiqh. In the context of digital fiqh muamalah, contemporary scholars such as Ismail and Al-Faruqi argue that the use of electronic media can be accommodated under the principle of ta‘āqud bi al-wasā’il al-ḥadīthah (contracting through modern means), as long as the spiritual and moral presence of both parties is maintained. This article concludes that virtual marriage contracts represent a spiritual bond within the digital sphere a modern form of muamalah that remains deeply rooted in the values of sacredness, honesty, and inner presence. Therefore, the renewal of digital fiqh muamalah is not merely an adaptation to technological advancement, but rather a process of tajdīd (Islamic legal renewal) that reaffirms the continuing relevance of fiqh in addressing the challenges of the digital era.