KETETAPAN KAWIN HAMIL DALAM KOMPILASI HUKUM ISLAM PASAL 53 PERSPEKTIF MASLAHAH MURSALAH

Abstract

The provision of maternity marriage has been regulated in Article 53 of the Compilation of Islamic Law with 2 verses. But unfortunately, the article does not provide clear details about what kind of pregnancy out of wedlock Boelh uses the legal basis of article 53. In addition, the word “may” in Article 53 paragraph (1) still causes a loophole, whether only men who impregnate her or other men who do not impregnate her are also allowed to marry pregnant women out of wedlock. In addition, the KHI does not regulate the punishment for adulterers, both married and unmarried, in other laws it does not regulate adulterers who are both unmarried. This is a problem with the number of pregnancies out of wedlock, no longer just about whether the marriage is legal. However, what is taken into consideration is what is the legal basis related to the emergence of Article 53 of the KHI. This can be examined through the perspective of Maslahah Mursalah. This perspective is used to examine article 53 of the KHI which is expected to have a relationship between the next and the context so as to be able to produce deep and actual thoughts and understandings about the permissibility of pregnant marriage with all its considerations. The focus of the problems examined in this thesis is: 1) How is the Provision of Pregnant Marriage in the Compilation of Islamic Law. 2) How is it the Determination of Marriage to be Pregnant from the Perspective of Maslahah Mursalah. 3) Whether the provision of maternity marriage allows for renewal. The research objectives of this thesis are: 1) Explain the Provisions of Pregnant Marriage in the Compilation of Islamic Law. 2) Explain the provisions of maternity marriage from the perspective of Maslahah Mursalah. 3) Explain the possibility of reforming the provisions of maternity marriage. The type of research in this thesis is library research, this research also includes normative research with a qualitative approach. The data collection method uses a review of literature and sources containing then the collected data is analyzed with a content analysis model and descriptive analysis. The validity of the data used in this thesis uses the triangulation of sources and theories. This study obtained conclusions: 1) Pregnant marriage has a strong legality, namely in article 53 of the KHI. 2)Article 53 of the KHI contains benefits, namely Maslahah Mursalah. 3) Article 53 of the KHI needs to be reviewed, the redaction in article 53 needs to be clarified, and the need for punishment as a preventive measure and deterrent effect.

Keywords: Maternity Marriage, Compilation of Islamic Law, Perspective of Maslahah Mursalah