Akad Nikah Virtual Perawat Saat Covid-19: Tinjauan Hukum Perkawinan Islam dan Hukum Kesehatan

Muhammad Habibi Miftakhul Marwa, Norma Sari
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Abstract

Nurses are at the forefront of handling COVID-19. Technological advances plus the Covid-19 emergency resulted in the implementation of the marriage contract being carried out virtually by nurses while undergoing isolation. This study aims to analyze the practice of virtual nurses' marriage contracts during the covid-19 pandemic according to marriage law and health law. This is a normative legal research conducted by means of literature research to explore primary and secondary legal materials using a conceptual approach. The results of this study concluded that the practice of virtual marriage contracts carried out by nurses during the COVID-19 pandemic had two important aspects to consider, namely aspects of religion and health. The Marriage Law does not explicitly regulate virtual marriage contracts, but the arrangements are returned to the laws of each religion. There are differences of opinion regarding virtual marriage contracts in the treasures of Islamic marriage law. The group that refuses to think that the marriage contract must be carried out directly in one assembly, while those who accept mean one assembly in the sense of one continuous time. Nurses who are in isolation due to Covid and decide to hold a virtual marriage contract as an effort to maintain the health of themselves and the community as well as to realize the maqashid sharia marriage, which is to protect religion, soul, mind, lineage, and property.
阿卡德婚姻虚拟护士在Covid-19:伊斯兰婚姻法审查和医疗法律
护士站在应对COVID-19的最前线。技术进步和Covid-19紧急情况导致在隔离期间由护士虚拟执行婚姻合同。本研究旨在根据婚姻法和卫生法,分析新冠肺炎疫情期间护士虚拟婚约的实践情况。这是一项规范性的法律研究,通过文献研究的方式,用概念的方法来探索一手和第二手的法律材料。本研究的结果表明,在COVID-19大流行期间,护士进行虚拟婚姻合同的做法需要考虑两个重要方面,即宗教和健康方面。《婚姻法》并没有明确规定虚拟婚姻,而是回归到各宗教的法律中。在伊斯兰婚姻法的宝库中,关于虚拟婚姻契约存在不同的意见。拒绝认为婚姻契约必须直接在一个集会中执行的人,而接受的人则意味着在一个连续的时间里进行一次集会。因新冠肺炎疫情而被隔离的护士,为了维护自己和社区的健康,为了实现保护宗教、灵魂、精神、血统和财产的伊斯兰教法婚姻,决定签订虚拟婚姻合同。
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