Status Pernikahan Wanita Hamil Diluar Nikah Menurut Hukum Islam (Studi Analisis Dengan Laki-Laki Yang Bukan Menghamilinya)

Abstract

Marriage is the longest form of worship for the descendants of the prophet Adam, therefore it is very important as a woman and a man to maintain his honor. But it is not uncommon nowadays that we hear a lot of the term married by accident or women who get married when they are already or are pregnant, either married to a man who impregnates her or to someone who does not impregnate her. It is important for the author to outline how the legal status of marriage of a woman who is pregnant out of wedlock according to Islamic law is to marry a man who does not impregnate her. This type of research is a type of Normative Juridical research, with a Qualitative approach.

The opinion that says it is invalid for the purpose of ihtiat (care) is based on the revelation of Surah An-Nur verse 3, that Allah forbids a man who does not impregnate him to marry a woman who is pregnant because of adultery. This aims to maintain the honor of believing men. However, it is permissible for the adulterous woman to marry a man who did not impregnate her on the condition that the woman must repent as some scholars believe.