HUKUM MENIKAHI WANITA HAMIL KARENA ZINA DAN KEDUDUKAN ANAKNYA

  • Ali Mohtarom Universitas Yudharta Pasuruan
Keywords: Marriage Law, Pregnant Woman, Adultery, Position of Her Child

Abstract

Free promiscuity between young and young people often brings things that are not desired, namely pregnancy before marriage. Pregnancy before marriage becomes a problem that requires a solution, because it brings anxiety in the community, especially parents, teachers and community leaders.

Judging from the sociological, because they feel ashamed, the parents who happen to have their daughter pregnant out of wedlock try so that if their grandchildren are born there is a father. For that they try to marry off a man, be it a man who is impregnated or not.

Therefore in this article the author will examine the opinions of the scholars and will examine the extent of the relevance of their opinions for now. Among them are, whether or not aqad of marriage is carried out in the condition of the pregnant woman, whether they may gather as befitting a husband and wife in a legal marriage, and what is the status of their children.

So that the answers obtained as follows: a marriage between a man and a woman who impregnated himself, they may have intercourse like husband and wife. And it is also legal marriage between man and woman even though not the one who impregnates, but is not allowed to have sex like husband and wife until the woman gives birth. Whereas the status of his son only breathed to the mother not to the father (the man who impregnated him).

References

Abdurrahman bin Abdurrahman Syumailah al-Ahdal, Al-Inkihat al-Fasidah, Maktabah Riyadh, tt.

Abdurrahman bin Abdurrahman Syumailah al-Ahdal, Al-Inkihat al-Fasidah.

Abi Abdillah Muhammad bin Ismail al-Bukhary, Shahih Bukhari, Juz III, Dar al-Makrifah, Beirut, Libanon, tt.

Hasan al-Kamil, Fiqh Muamalat, Jumhuriyah Misr, tt.

Ibnu Atsir, Nihayah fi Gharibi Hadits wa al-Atsar, Jilid III, Dar al-Fikr, 1979.

Ibnu Rusyd, Bidayatul Mujtahid, Juz II, Penerbit Semarang, tt,

Imam al-Zuhdi, Al-Muhadzab, al-Baby al-Halaby, Mesir.

Muhammad Abu Zahrah, Al-Akhwal al-Syakhsyiyah, Dar al-Fikr al-Araby, 1957.

Mustafa Sa’id Khan, Atsar al-Ikhtilaf fi al-Qawaid Ushuliyah, Muassasah ar-Risalah, Kairo, 1969.

Sayyid Sabiq, Fiqh al-Sunnah, Jilid II, Dar al-Fikr, 1404.

Wahbah ar-Zuhaily, Fiqh al-Islam wa Adillatuhu, Juz VII, Dar al-Fikr, 1985.

Yusuf al-Qardhawi, Al-halal wa al-Haram fi al-Islam, Maktabah Islamy, Beirut, 1978.

Published
2020-07-10
How to Cite
Ali Mohtarom. (2020). HUKUM MENIKAHI WANITA HAMIL KARENA ZINA DAN KEDUDUKAN ANAKNYA. Mu’allim, 2(1), 1-14. https://doi.org/10.35891/mu’allim.v2i1.2158
Section
Articles