APPLICATION OF USHUL FIQH TO MARRIAGE AND DIVORCE AGREEMENTS VIA TELEPHONE

Abstract

The phenomenon of carrying out marriage contracts and divorces via telephone has raised debate among Muslim scholars and intellectuals regarding its legal validity according to Islamic law. This issue has become increasingly relevant in the era of globalization and the COVID-19 pandemic which limits physical meetings, thus requiring in-depth study through the perspective of ushul fiqh to provide comprehensive legal clarity. This study aims to analyze the validity of marriage contracts and divorces carried out via telephone based on the rules of ushul fiqh, identify the conditions that must be met in their implementation, and formulate practical guidelines for Muslims in dealing with situations that require the implementation of these contracts via long-distance communication media. The research method used is qualitative research with a normative legal approach, using descriptive-comparative analysis techniques. Primary data were obtained from the Qur'an, Hadith, and the opinions of classical and contemporary scholars, while secondary data came from fiqh literature, ushul fiqh, and relevant previous research. The analysis was carried out using ushul fiqh rules such as qiyas, istihsan, istislah and Sad Ad-Dzariah. The results of the study indicate that the application of ushul fiqh to marriage contracts and divorce via telephone can be considered valid on the condition that the pillars and requirements of marriage that have been determined by sharia are fulfilled, including the clarity of the identities of the parties, the presence of witnesses who can hear clearly, and the certainty that the ijab qabul really comes from the parties concerned. Divorce via telephone has a more complex level of validity, where its validity is highly dependent on the clarity of the wording, the full awareness of the husband, and the verifiability of the identity of the person pronouncing the divorce. The application of the maslahah and dharurah (emergency conditions) rules provides flexibility in special situations that require the implementation of the contract via telephone.