Problematika Kawin Hamil Persfektif Kajian Hadis, Pendapat Ulama Madzhab dan Kompilasi Hukum Islam

Abstract

Pregnancy outside lawful wedlock is a social and religious phenomenon that continues to develop in modern society. It not only raises moral debates but also creates complex issues in Islamic and positive law concerning the validity of marriage, marital relations, and the determination of a child's lineage (nasab). This study aims to analyze the issue of pregnant marriage from the perspectives of Prophetic Hadith, the four Sunni schools of jurisprudence (Hanafi, Maliki, Shafi'i, and Hanbali), and positive law under the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam or KHI). This study employs normative legal research using normative-theological, comparative, and statutory approaches. Legal materials were collected through a literature review of Hadith commentaries, classical fiqh texts, and Indonesian family law regulations. The findings indicate that no authentic Hadith explicitly addresses the marriage of a woman pregnant due to fornication; however, general Hadiths provide a basis for legal reasoning (istinbāṭ) to protect lineage (ḥifẓ al-nasab). The Shafi'i and Hanafi schools permit the marriage of a pregnant woman with either the man who impregnated her or another man, although the Hanafi school prohibits sexual relations until childbirth when she marries another man. In contrast, the Maliki and Hanbali schools consider such marriage invalid until childbirth and repentance. Meanwhile, Article 53 of KHI permits a pregnant woman to marry the man who impregnated her without waiting for childbirth. This provision reflects an approach based on public welfare (maslaḥah), legal certainty, women's dignity, and the civil rights of children.