Nikāh in the Digital Age: Evaluation of Video Online Marriage Contracts in terms of Islamic Law

Authors : Hasan Demir
Pages : 1457-1490
Doi:10.61304/did.1716446
View : 212 | Download : 408
Publication Date : 2025-12-26
Article Type : Research Paper
Abstract :In recent years, rapid digitalization, along with transformations in communication technologies and legal systems, has profoundly altered traditional practices. The technology-driven lifestyle has shifted both social relationships and legal transactions into a new dimension. As many processes have migrated to online platforms, the marriage contract itself has been affected, giving rise to widespread discussion in Islamic law about the validity of marriages concluded without the physical presence of the parties. In Islamic law (fiqh), a marriage is valid only when its essential pillars are fulfilled: a clear offer (ījāb) and acceptance (qabūl), mutual consent, witnesses, and mahr (dower). A central question, therefore, is whether and how digital communication can satisfactorily fulfill these requirements. This study examines the jurisprudential validity and social implications of marriages contracted via online video platforms. It specifically addresses the adequacy of verbal or written declarations made remotely, the traditional requirement of physical presence, the role and validity of digital witnessing, the legal enforceability of such contracts, authentication procedures, and official registration processes. While some contemporary scholars accept online marriages under specific conditions, this study does not aim to issue a definitive ruling. Instead, it seeks to explore the issue academically from multiple perspectives, highlighting both opportunities and challenges. Employing document analysis and textual criticism, the research investigates the interaction between classical Islamic legal norms and modern technological realities, offering a balanced framework for understanding this evolving practice.
Keywords : İslâm Hukuku, Dijital Çağ, Çevrimiçi Nikâh, Hukukî Geçerlilik, Fıkhî Hükümler

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