Analisis Hukum Menikahi Wanita Hamil: Perbandingan antara Kompilasi Hukum Islam dan Undang-Undang Nomor 16 Tahun 2019

Abstract

The rise of promiscuous sex among adolescents has resulted in many women becoming pregnant out of wedlock. This phenomenon has resulted in a number of negative impacts, both for the woman herself and her family, especially for her biological children. This study intends to reveal the facts about: first, knowing the law of marrying a pregnant woman according to the Compilation of Islamic Law and Law Number 16 of 2019. Second, knowing the legal status of pregnant children according to the Compilation of Islamic Law and Law Number 16 of 2019. This study uses library research, which is a number of activities by tracing data sources obtained from books, books, and others. There is also an approach used in research, namely the normative juridical approach, namely studies that lead to legal norms that have regulations of the Law, and others related to this theme. The conclusions of this study indicate that according to the Compilation of Islamic Law which agrees with Imam Madzhab Hanafi, Maliki, Syafi’i, Hambali the law of marrying a pregnant woman because of adultery is legal for the man who impregnated her, on the other hand marriage with a man who did not impregnate her according to the Syafi'i imam is valid, in contrast to imam Malik and Imam Hambal is invalid. Meanwhile, according to article 2 paragraph (1) of Law No. 16 of 2019 concerning marriage, it is determined that the marriage of a pregnant woman outside of marriage is legally valid if it is carried out according to their respective religious beliefs. Also, the status of children outside of marriage according to the Compilation of Islamic Law and Law Number 16 of 2019 concerning Marriage only has nasab and civil relations with the mother and her mother's family, does not have a nasab relationship with the biological father and his family. With the existence of a civil status with the biological father related to the rights of the child, one of which is living and which concerns the welfare of the child, for example the cost of education, and so on.