ANALISIS PASAL 53 KOMPILASI HUKUM ISLAM TENTANG PERKAWINAN WANITA HAMIL PERSPEKTIF MAQASHID SYARI’AH

Abstract

Abstract

This article attempts to examine: (1) what are the legal regulations for pregnant marriage in the Compilation of Islamic Law?, and (2) how is the maqashid shari'ah review of the legal regulations for marriage in Article 53 of the KHI? This type of research is a type of library research (Library Research) and is descriptive analytical in nature. Data collection uses literature review or documentation and supporting sources, then the data collected is analyzed qualitatively. The approach used is the ushul fiqh approach, with a maqashid syari'ah approach based on the theory of benefit. From existing research, it can be concluded that the regulations regarding pregnant marriage in Article 53 KHI paragraph (1) indeed allow someone to marry a woman who is pregnant as a result of adultery in accordance with the word "can" in Article 53 KHI. This ability is based on considerations related to the aim of protecting the benefit of the baby she is carrying, namely (hifz an-nasl) in order to maintain the honor of the family so that it is not mixed with other men's sperm, and of course also to maintain the child's survival. This goal is the main objective to be achieved and the hope is that other benefits (hifz ad-din, hifz an-nafs, hifz al-'aql, and hifz al-mal) will follow when this hifz an-nasl is maintained.

Keywords:            Compilation of Islamic Law, Pregnancy Marriage, and Maqashid Syari'ah