<![CDATA[There are many aspects that need to be studied to see and understand in detail, including thestudy of the opinions of ulama ‘and KHI in addressing the problematic marriage of pregnantwomen out of wedlock. In this study, researchers sought to examine these two perspectivesby looking at the underlying factors of the contovercial marriage of pregnant women out ofwedlock in Indonesia.This is very urgent because the differences in legal consequences contained in KHI andperceptions of ulama ‘, which are actually manifestations of Islamic law are very visible. Asin Article 53 KHI which tends to open wide the possibility for people who are not responsiblefor adultery, coupled with the legal consequences contained in KHI for adulterers is very lightcompared to the had law applied in some Islamic countries.To simplify this research, the compilers use a type of library research (library rescarch), whosedata sources are extracted from written materials in the form of legal texts, both in the formof verses of the Qur’an, the books of hadith, rules of Islamic law and other written sources that are relevant to the subject matter of the marriage of pregnant women out of wedlock.The nature of this research is descriptive-analysis-comparative research. Because this studybesides describing the marriage of pregnant women in the study of fiqh science descriptively,also compared the opinions of ulama ‘and KHI regarding the status of iddah for pregnantwomen out of wedlock.From the perceptions of ulama ‘and KHI, then the conclusion arises that there are differencesof opinion between the two. For the Mālikī the marriage of pregnant women out of wedlockis divided into the marriage of pregnant women due to adultery with men who impregnate(biologically) and / or with other men (non-biological). Whereas KHI is more general and doesnot differentiate with whom the woman will marry. Apart from that, the child is pregnant.Pregnant women out of wedlock may be married by someone who impregnates her or bysomeone else who is not impregnating her, because there is no real prohibition from the Koranor Hadith. And the legal status of a legal marriage contract while fulfilling the pillars and themarriage conditions that have been determined by Islamic law, in addition there is also anelement of benefit.]]>
Copyrights © 2018
