KEBIJAKAN DESA DALAM MENOLAK PERNIKAHAN PEREMPUAN HAMIL DI LUAR NIKAH DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi Kasus di Kelurahan Temas, Kecamatan Batu, Kota Batu)
| Main Author: | Kotimah, Khusnul |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/50372/37/PENDAHULUAN.pdf http://eprints.umm.ac.id/50372/2/BAB%20I%20PERPUS.pdf http://eprints.umm.ac.id/50372/3/BAB%20II%20PERPUS.pdf http://eprints.umm.ac.id/50372/6/BAB%20III%20PERPUS.pdf http://eprints.umm.ac.id/50372/4/BAB%20IV%20PERPUS.pdf http://eprints.umm.ac.id/50372/5/LAMPIRAN.pdf http://eprints.umm.ac.id/50372/ |
Daftar Isi:
- Recently, the case of pregnancy outside marriage has become increasingly alarming in the community. This requires a particular policy to overcome it. One of the examples from the policy was implemented in Temas Village, Batu district, municipality of Batu as the new alternative in addressing these problems. However, it contradicts to positive law, namely in the Compilation of Islamic Law Article 53 verses 1 to 3 since this problem is not just about fornication and its perpetrators that must be punished due to their behaviors, but also regarding the status and fate of the conceived child. The problems which were analyzed by the researcher in this case are, what is the basis for the rejection of pregnant marriage in the Temas sub-district? How Islamic Law and the Positive Law review the policy? This research is field research type, as an analysis the researcher uses sociological empirical method with a qualitative approach. Based on the analysis which was carried out on the marriage of pregnant women, there are several opinions of the mazhab. It is found that there is a mazhab which allows the marriage absolutely. On the other hand, there is also a mazhab that is permissible the marriage on condition. Even there is also a mazhab which considers invalidity marriage of the pregnant women. In the Compilation of Islamic Law, this policy is very contradictory from the statement in article 53. But, in order to avoid the sin of adultery which has been explained in the Qur'an and also to evade the bad image of the surrounding community, then the policy of refusing the pregnant marriage can be a proposal to review in article 53 of Islamic Law Compilation that is able to be revised to conform to the norms of decency that exist in the community.