Pembaruan Hukum Keluarga Islam Di Indonesia Tentang Keabsahan Akad Bagi Wanita Hamil

Abstract

: The Validity of Marriage Contract of a Woman Pregnant Out of Wedlock: An Issue in Islamic Family Law Reform in Indonesia.This article reviewed the validity of marrying a woman pregnant out of wedlock as an object of Islamic Family Law reform in Indonesia. According to the the majority of 'Ulama (Muslim Scholars ) the marriage contract for women pregnant outside marriage is legal. However, they still do not concur whether the woman may afterward copulate or not, and whether the marriage contract should be repeated after childbirth or not. Regardless of divergence among scholars above, the main purpose of the permission of marrying a woman pregnant outside of marriage is to provide a definite legal protection to the status of unborn child. Thus, there are psychological and sociological considerations used by the Muslim clerics in determining the validity of marrying a woman who is pregnant out of wedlock