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All Journal JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Shinwanudin, M.
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Tinjauan Perkawinan Wanita Hamil Menurut Khi Di Indonesia Shinwanudin, M.; Zuhriyyah, Lailatuz
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Pregnant marriage is marrying a woman who is pregnant out of wedlock, either married by a man who impregnates her or by a man who does not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). While the KHI argues that the law is legal to marry a pregnant woman due to adultery if the man who married her is the man who impregnated her. However, if the woman who marries the woman is not the man who impregnated her, then the law is invalid. This is stated in chapter VIII on pregnant marriage, article 53 KHI.Regarding the lineage of children born from such marriages, KHI gives the view that a legitimate child is a child born from a legal marriage, even though the marriage contract is carried out in a condition where the woman is pregnant out of wedlock (either because of adultery or rape) as long as the man who marries her is the man who got her pregnant.
RELASI HUKUM ISLAM DAN KEKUASAAN SERTA PERBEDAANNYA DENGAN HUKUM BARAT Shinwanudin, M.; Zuhriyyah, Lailatuz
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Discussing the current relation of Islamic law and power, the position of Islamic law in the legal system in Indonesia is increasingly gaining juridical recognition with the enactment of Islamic law in the form of rules and regulations which have implications for the existence of social, cultural, political and legal institutions. The difference between Islamic law and Western law comes from the source of each law. Islamic law is taken from the texts of the Qur'an and Sunnah, ijma' and qiyas. While the Western legal system is a modern legal concept adopted by the majority of nations in the world.
Co-Authors Zuhriyyah, Lailatuz