The Application of Positive Law and Islamic Law to Homosexual Sexual Behavior

Abstract

The objectives of this study are 1) to understand the position of the united assembly on ijab kabul for marriage via video call; 2) to assess the law of marriage via video call based on the marriage law and Islamic law in Indonesia; 3) to identify the obstacles that arise in the implementation of marriage via video call. To overcome these problems, this research uses the library research method, which means that data is obtained from literature such as books, writings, and sources that are substantial to the issue of marriage through video calls. These sources come from various works that discuss this issue from an Islamic and civil law perspective, among others. The results of the study show that marriage through video calls, within the framework of Islamic marriage law, must comply with the provisions and conditions that apply to the validity of marriage. As long as there is no official decision from a legal institution clarifying how this kind of marriage will be handled in a religious court, then the validity of the marriage depends on whether the ijab kabul took place without doubt and fulfilled the applicable terms and conditions. If it fulfills the conditions and pillars of marriage and does not violate the Compilation of Islamic Law, then the marriage is considered valid. This is corroborated by the provisions in articles 27 to 29 of the Compilation of Islamic Law, which emphasize that Ijab Kabul must occur without a break in time, be performed by the marriage guardian concerned, and be pronounced by the marriage partner.