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All Journal Wasathiyyah: Jurnal Pemikiran Fikih dan Ushul Fikih
Jinawar Al-Yamani, Adnan
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Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Menikahi Perempuan Hamil Karena Zina dan Kedudukan Anak Zina Perspektif Fikih dan Hukum Positif Jinawar Al-Yamani, Adnan
Wasathiyyah Vol 5 No 2 (2023): Wasathiyyah: Jurnal Pemikiran Fikih dan Ushul Fikih
Publisher : Wasathiyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58470/wasathiyyah.v5i2.72

Abstract

Zina is considered a major sin in Islam, carrying significant legal, moral, and social implications for the perpetrators and society. This study aims to analyze the legal framework surrounding the marriage of pregnant women due to zina and the status of children born out of zina from the perspectives of Islamic jurisprudence (fiqh) and Indonesia's positive law. The research employs a qualitative approach through literature studies on scholarly opinions from various Islamic schools of thought and analysis of national legal provisions, such as the Marriage Law and the Compilation of Islamic Law (KHI). The findings reveal differences among Islamic scholars regarding the permissibility of marrying pregnant women due to zina. Some scholars allow it under specific conditions, such as observing iddah and repentance, while others prohibit it until childbirth. In positive law, children born out of zina are only recognized as having a civil relationship with their mother, whereas acknowledgment of their father requires legal proceedings. The lack of alignment between Islamic law and positive law presents challenges in harmonizing religious values with modern legal needs. This study emphasizes the importance of a holistic approach in addressing the legal issues surrounding the marriage of pregnant women due to zina and the status of children born out of zina. Harmonizing sharia principles with national legal regulations is essential to provide equitable and comprehensive solutions while safeguarding the rights of all parties involved. This research aims to serve as a reference for the development of legal policies that are more relevant and adaptive to social changes.
Bayi Tabung; Analisis Praktek Bayi Tabung Dan Penetapan Nasab Prespektif Hukum Islam Dan Hukum Positif Jinawar Al-Yamani, Adnan
Wasathiyyah Vol 5 No 1 (2023): Wasathiyyah: Jurnal Pemikiran Fikih dan Ushul Fikih
Publisher : Wasathiyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58470/wasathiyyah.v5i1.74

Abstract

Having children is the greatest gift for husband and wife couples, however, there are many cases of husbands and wives who have been married for a long time and have never been blessed with a child. IVF is a brilliant breakthrough to overcome couples suffering from infertility. In essence, IVF aims to help husband and wife couples to be able to have offspring naturally caused by abnormalities in both parties, such as endometrical (inflammation of the uterine mucous membrane), oligospermia (poor husband sperm), and the presence of immunological factors (immune factors). But of course, IVF in Islam itself still does not have a legal umbrella, this is because the IVF program is the result of the ingenuity of this new technology. Research based on literature review (libery risearch) using the books of turats will try to re-examine whether the practice of IVF can have an umbrella of Islamic law. Thus, IVF solutions for husbands and wives who cannot have children are naturally justified in Islamic Shariat.
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