Online Marriage in Maqoshid Al-Syariah Perspective

Abstract

Allah created humans in pairs, apart from being a necessity, it is also a way to preserve the human population on earth.

Islam regulates the relationship between a man and a woman by means of a legal marriage bond. In modern times such as today, the marriage model is developing by means of online marriages. With the maqashid in mind, online marriages can be recognized if appropriate mechanisms are put in place to ensure the fulfillment of these conditions. In this regard, technological innovation should be used to support rather than replace the basic principles of Islamic law. This also shows the importance of adaptation and ijtihad in dealing with new challenges that arise in the digital age.

Maqasid al-Shariah is the purpose or intention behind Islamic sharia, which aims to protect five main things: religion (hifz al-din), soul (hifz al-nafs), intellect (hifz al-aql), offspring (hifz al-nasl), and property (hifz al-mal). Every law in Islam is designed to achieve one or more of these objectives. Therefore, the legal analysis of online marriage should consider whether it supports or undermines the maqasid.