KEABSAHAN AKAD NIKAH DALAM PERNIKAHAN DENGAN WALI DAN ATAU CALON SUAMI DISABILITAS DENGAN BANTUAN TEKNOLOGI DI INDONESIA

Abstract

The purpose of this article is to explain the validity of marriage settlement in marriages with guardians and or disabled fiance with the help of technology in Indonesia. Humans have a very important aspect, which is marriage. Through marriage, men and women can unite with legal ties, to form a harmonious and loving household. Not all individuals in this world have normal physical conditions, both in terms of the quality and quantity of their body parts. This research uses qualitative research with the type Library Research. That is by taking sources from books, contemporary scholarly books, or scientific works. Data collection techniques are obtained through documentation. This research was carried out by triangulating/comparing information from different angles along with collecting data consisting of book sources. Analysis is carried out simultaneously with data collection which consists of data reduction, data presentation, conclusions. The results of this research are: KHI views regarding disabled marriage guardians is that by considering the condition of disability as an obstacle in a marriage ritual, the position of disabled marriage guardian is transferred to the marriage guardian according to the next level. Meanwhile, the law does not specifically regulate a disabled fiance, Article 17 paragraph (3) states that fiance with a hearing and speech disability can express consent in written form or in signs that can be understood. This makes KHI not very friendly to people with disabilities, while Disability Fiqh defines a marriage guardian with a disability as a man who has physical limitations who has full authority to accept a partner in a marriage settlement. In disability fiqh, disabled fiance is a man who has physical and bodily limitations, who is ready and able into a marriage settlement. The existence of Law no. 8 of 2016 can provide a bridge or as a tool for people with disabilities in optimizing the function of body parts to help achieve physical independence in the validity of marriage settlement in marriages with the help of technology.