Analysis of Article 53 Islamic Law Compilation About Kawin Hamil

Anton Afrizal Candra;

Abstract

In the Compilation of Islamic Law in article 53 it is explained about the ability to get married for women who are pregnant out of wedlock with the man who impregnates her. Provisions in the KHI did not abort adultery status for the culprit, despite an out-of-wedlock pregnancy. Some of the opinions above show that marital problems for pregnant women due to adultery are controversial and very complicated. On the one hand, the ability for pregnant women to carry out marriage is intended to save the life status and fate of the baby, so that after birth he gets the same rights and avoids him from discriminatory treatment. However, on the other hand, the ability for pregnant women to get married can lead to freedom, which is one of the causes of increasing rates of adultery which can damage the fabric of people's lives. As for the subject matter, is Article 53 Compilation of Islamic Law creates legal uncertainty. Is it true article 53 Compilation of Islamic Law has deviated from the legal provisions in the Qur'an and Sunnah. The method used in this study is a method of normative legal research (doctrinal research) because this legal research is done by examining library materials or mere secondary data. In the view of Islamic law marriage is pregnant outside of marriage is unlawful, in accordance with the Qur'an the letter Al-Isra which explains the prohibition of approaching adultery, but if studied according to the Compilation of Islamic Law (KHI), pregnant marriage outside marriage is permitted, as long as the pregnant married person is married to a man who impregnates her, to avoid other negative impacts that will be received especially by women and children as the party who feels the most consequences. Then it also serves as a basis for women to demand that men be willing to take responsibility, and be realized by carrying out marriages and carrying out their obligations as husbands, as in a normal family. Based on the statement above, the writer tries to give a view that the regulation on pregnant marriage in article 53 of KHI should bring to benefit the Muslim community in general without violating syara rules.