The Application of Article 53 of KHI (Islamic Law Compilation) Regarding Pregnant Marriage in Lottery Marriage

Neng Eri Sofiana, Muhammad Ismail Sunni

Abstract


Pregnant marriagebecomes a phenomenon that is still happening in Indonesia and is even one of the most significant contributors to the reason for the dispensation of marriage. In Parangdistrict, Magetan Regency, pregnant marriage is also one of the solutionsfor a case in which many women get pregnant without a legal marriage. Pregnancies were not initiated from sexual intercourse between a man and a woman but were carried out by many men, so the model of determination was by lottery. Furthermore, this article will analyze the pregnant woman who is married to a man who does not impregnate her and the child's status according to article 53 of KHI. In article 53 KHI, no line explicitly explains the permissibility or prohibition of a pregnant woman to marry a man who does not impregnate her. Still, many interpret that this is not allowed.Meanwhile, a legitimate child in KHI is a child born during a legal bond. So, when DNA testing proof or the like is not done to see the legality of the child, then this child is still considered a legitimate child by both of them because they were born in a marriage bond. In sum, a pregnant marriage in a lottery marriage with a man who does not impregnate the woman has many sides of ambiguity. So, there must be a revision of article 53 and article 99 of KHI.


Keywords


Pregnant Marriage; Article 53 KHI; Marriage Lottery.

Full Text:

PDF

References


Alpian, Muh. Maqasid Al-Syariah Review of Article 53 KHI (Compilation of Islamic Law) Regarding the Permissibility of Pregnant Marriage (Case Study of Lawonua Village, Besulutu District), Zawiyah: Journal of Islamic Thought, Vol. 5 No. 1 2019, 128.

Bakar Jabir Al-Jazairi, Abu. 2004 Muslim Encyclopedia: Mihajul Muslimpenth. Fadhli Bakri. Jakarta: PT Darul Falah.

EnikIsnaini, Legal Position for Children due to Pregnant Marriage (Married by Accident) viewed from Islamic Law and Civil Law, Journal of Independent Vol. 1 No. 2 2013, 15

Fauzan. 2014. Invention Principles of Jurisprudence Law in the Field of Civil Law. Jakarta: Prenadamedia Group.

Hawa, Said. Al-Islam pentj. Abdul Hayyie al-Kattani, et al. 2004. Jakarta: GemaInsani, 2004.

Huda, Miftahul. 2016. Study of Islamic Civil Law Areas: Portrait of Diversity of Family Law Legislation in Modern Muslim Countries. Ponorogo: STAIN Ponorogo Press, 2016.

Irfan and Masyrofah, Nurul. 2015. Fiqh Jinayah. Jakarta: Amzah.

Jamil and Hendra AdiSaputra, Sukran. Positive Legal Regulations in Indonesia Against Pregnant Women Due to Adultery, Muhak Court Journal Vol. 5 No.1 2020, 103.

Jannah, Imaroatul. Factors Causing Submission of Marriage Dispensation at Gresik Religious Court in 2012 (Analysis of Law Number 1 of 1974 Concerning Marriage), Maqasid Vol. 2 No. 1 2013, 8.

Jawad Mughniyah, Muhammad. Fiqh of the Five Schools: Ja'far, Hanafi, Maliki, Shafi'i, Hambali, pentj. Masykur, et al (Jakarta: Lentera Publisher, 2011), 331.

Compilation of Islamic Law.

Loekman and Khairani Bakri, Kevin. Juridical Review of Pregnant Marriage as a Reason for Requesting Polygamy (Case Study of Religious Court Decision Number 50 / Pdt.G / 2013? PA.TLM, Trisakti Law Reform Vol. 1 No.1 2019, 01-14)

M. Choirul Anwar and Neng Eri Sofiana, M. Pregnant Marriage in Lottery Marriage, Muslim Heritage Vol.5 No. 1 2020, 197-214.

Maulidia, Rahmah. (2011) Dynamics of Islamic Civil Law in Indonesia. Ponorogo: STAIN Ponorogo Press.

Mujib, Fatkul. Marriage of a Pregnant Woman due to Adultery (Married By Accident) in the Socio-Cultural Perspective of the North Metro Society (Study of the Impact and Efforts to Overcome It), Al-Qodhi: Journal of Islamic Family Law Vol.1 No. 1 2019, 6.

Munif, Choirul. Pregnant Marriage in Islamic Law Perspective (Case Study of Pregnant Marriage with a Non-Impregnating Person at KUA Prambanan District Between 1995-1997) (Thesis of UIN SunanKalijaga Yogyakarta, 2012).

NurHadi and Khiyaroh, Muhammad. Local religious leaders and their Authority: Case Study of Prohibition of Pregnant Marriage in Temas Village, Batu City, Yudisia: Journal of Islamic Law and Legal Thought Vol. 11 No. 1 2020, 39.)

Qayyim Al-Jauziyyah, Ibn. Islamic Law Guide: I'lamulmuwaqi'in pent. AsepSaefullah and Kamaludiim S (Jakarta: PustakaAzzam, 2000).

Rahim, Syahbudi. Pregnant Marriage Outside Marriage, Tasamuh Vol.9 No. 1 2017, 133.

Rahmawati, Astika. Views of Community Leaders on Marriage of Pregnant Women outsidea legal marriage with men who are not impregnating in the Perspective of KHI Article 53 (Case Study in Lebak Village, Grobogan) (Sultan Agung Islamic University Thesis, 2018.

Robin, The Meaning of Hadiths about Watering Other People's Plants inwww.laduni.id/post/read/58868/mentuk-hadist-tentang-menyiram-tanaman-orang-lain accessed on February 6, 2021.

Romlah, Islamic Family Law Reform in Indonesia regarding the Legality of the Contract for Pregnant Women, Al'Adalah, Vol. 13 No. 1 2016, 33.

Samanto, Pregnant Marriage with a man who is not impregnating at the KUA, Piyungan District, Bantul Regency in the Perspective of Islamic Law (Thesis, Yogyakarta Islamic University, 2018)

Syarkowi, Asmu'i. Dispensation of Marriage Why the Religious Court Grants,http://pa-lumajang.go.id/155-dispensation-kawin-mengapa-pengadilan-agama-mengabulkan accessed on February 3, 2021.

Syukrawati, Position of Child, Resulted from Pregnancy Due to Adultery (Comparative Study of Compilation of Islamic Law and Jurisprudence) ,Al-Qisthu Vol. 14 No. 2 2016, 223.

Tetuko Aryo Wibowo and Thohir Luth, R. Legal consequences of children born in pregnant marriages, Scientific Journal of Pancasila and Citizenship Education Vol. 5 No. 2 2020, 239.

Wibisana, Wahyu. Marriage of a Pregnant Woman Out of Marriage and Its Legal Effects on the Perspective of Jurisprudence and Positive Law, Journal of Islamic Education-Ta'lim Vol. 15 No. 1 2017, 33.




DOI: http://dx.doi.org/10.30984/jis.v19i1.1453

Article Metrics

Abstract view : 1049 times
PDF - 747 times

Refbacks

  • There are currently no refbacks.




Copyright (c) 2021 Jurnal Ilmiah Al-Syir'ah

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Rumah Jurnal IAIN Manado

Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng Manado Kode Pos 95128, Sulawesi Utara, Indonesia.

 

 

Creative Commons License
All publication by Jurnal Ilmiah Al-Syir'ah are licensed under a
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Jurnal Ilmiah Al-Syir’ah, ISSN 1693-4202 (Print), ISSN 2528-0368 (Online)