KEABSAHAN HUKUM PERKAWINAN PADA HAMIL LUAR NIKAH PENDAPAT IMAM SYAFI’I

Abstract

Marriage is a way to avoid adultery, the purpose of marriage is to live a peaceful life full of love and affection, and provide each other with sufficiency, and also to continue to care for offspring, and give honor for the purpose of worship. The existence of promiscuity and the occurrence of pregnancy out of wedlock and this treatment is very disliked by Religion, many teenagers today are plunged into cases of adultery, especially in the occurrence of pregnancy outside of marriage. For this problem, it has deviated and violated religious norms which have an impact on society, family, relatives and to oneself which causes shame, insults to the family of the perpetrator and the community. The purpose of this study where this researcher will prepare, analyze the legal validity of marriage in pregnant out of wedlock the opinion of Imam Syafi'i Regarding this research method using normative legal research or library research. Normative research is that one of the main topics of discussion is the legal rules used, namely primary legal data, namely legal materials related to the opinion of Imam Shafi'i regarding the legal validity of marriage in pregnant out of wedlock, which comes from the Qur'an, Hadith, and Ijma 'ulama. This research method uses normative legal research or library research. Normative research is one of the subjects of which the legal rules used are primary legal data, namely legal materials relating to the opinion of Imam Shafi'i regarding the legal validity of marriage in pregnant out of wedlock, which originates from the Qur'an, Hadith, and Ijma 'ulama. The legal validity of marriage in pregnant out of wedlock is regulated in the law. According to KHI, marrying a pregnant woman due to adultery is legal if the one who marries the man who impregnates her, but if the one who marries is not the man who impregnated her, the law is invalid. And we have seen the results of Imam Shafi'i's argument in his opinion that it is permissible to marry a pregnant woman out of wedlock with a man who impregnates her. This permissibility is an absolute permissibility, meaning that there are no conditions whatsoever for the permissibility of this marriage. The legal istinbath method used by Imam Syafi'i in punishing pregnant marriages out of wedlock is: 1.) The Qur'an, explains the period of 'iddah in Q.S. an-Nisa/4:24 2.) Hadith, there are many hadiths that have the strength of their own arguments, for example the hadith narrated by Abu Hurairah Radhiallahu Anhu, he said "An adulterer who is flogged (whips) should not marry except with a woman like herself." (Narrated by Abu Daud). 3.) Ijma ', according to the book Al-Umm Syafi`i fiqh, which allows marriage during pregnancy.