Comparative Study of Marriage via Mobile Phone and Cyberspace in the Jurisprudence of the Two Islamic Sects
Keywords:
Nikah, mobile phone, virtual space, jurisprudenceAbstract
This study examines and compares various jurisprudential views, their similarities and differences, as well as the associated jurisprudential and legal challenges concerning online marriage. The primary objective of this research is to provide a comparative analysis and propose solutions to align jurisprudential principles with modern developments in the context of online marriage. With the rapid growth of information and communication technologies, various aspects of human life have undergone significant changes, and jurisprudential and legal matters have likewise been affected by these transformations. One of the key areas influenced by such developments is the issue of marriage, which holds fundamental significance in Islamic jurisprudence. This research conducts a comparative analysis of marriage conducted through mobile phones and cyberspace in both Sunni and Shia jurisprudence and explores the emerging challenges related to the validity and legitimacy of online marriage. In Sunni jurisprudence, diverse opinions exist regarding the permissibility and conditions of marriage via mobile phones and cyberspace, which are explored within the Hanafi, Maliki, Shafi'i, and Hanbali schools of thought. Shia jurisprudence, also considering contemporary developments and modern needs, has analyzed and interpreted online marriage and presented a variety of viewpoints.
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Copyright (c) 2025 Essa Sarkouri, Saeed Sharafuddin Tabatabai (Author); Zeinab Sancholi
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