PERCERAIAN MENGGUNAKAN SMS, EMAIL DAN FAKSIMILI DI MAHKAMAH SYARIAH DAERAH PONTIAN JOHOR MALAYSIA

ABSTRACT: Allah has created human being in the form of pairs; there is a male and a female. By the creation of these two, then the marriage is considered as a one way for justifying their relationship so that does not cause harm to the mankind. However, the marriage is not continuously long-lasting; divorce often arises because of discrepancy between these two pairs. However, Islam has regulated the way of divorce in a good manner so that may not create negative implication after the divorce. Nevertheless, with the rapid development of the information technology, the matters of divorce become more complicated, especially when such information technology, such as SMS, email and facsimile are utilized for doing divorce. In order to answer and analyze this problem, a qualitative method is used. The study finds that in Islam divorce by means of SMS, facsimile, email could only be accepted if the husband reaffirms his thalaqin the court. If not, such thalaq is doubtful and could not be implemented.
Keywords: Marriage, thalaq, technology, court
Penulis: Raehana Binti Burhanuddin
Kode Jurnal: jphukumdd120355

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Jp Hukum dd 2012