The ruling on the marriage of a pregnant woman from an illegitimate relationship: A perspective from the ulama consultative assembly of North Aceh Regency, Indonesia

Muhammad Dastur and Ja'far Ja'far and Bastiar Bastiar and Umar Muhammad Noor (2024) The ruling on the marriage of a pregnant woman from an illegitimate relationship: A perspective from the ulama consultative assembly of North Aceh Regency, Indonesia. Al-Fikru: Jurnal Ilmiah, 18 (1). pp. 1-16. ISSN 1978-1326

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Abstract

This article examines the thoughts of the Majelis Permusyawaratan Ulama (MPU) administrators of North Aceh Regency regarding the marriage of pregnant women out of wedlock. Although this is a field study, the research first explores the Islamic jurisprudence (fiqh) perspective on the discussed topic and then reviews the MPU administrators’ legal opinions on the matter. The study finds that, in Islamic jurisprudence, the permissibility of marriage for a pregnant woman out of wedlock is highly disputed based on the cause of the pregnancy. According to the Mâlikites and the Hanbalites, and agreed by Abû Yûsuf from the Hanafî school, the marriage is invalid due to adultery, whereas the Shâfi‘ites and Abû Hanifah considered it valid. Nevertheless, the marriage is deemed invalid if the woman is still pregnant during the ‘iddah period. The MPU of North Aceh states that the marriage of a pregnant woman out of wedlock is legally valid but prohibited (haram) due to the potential for lineage confusion. They advise against such marriages to prevent possible issues regarding lineage and other related rights.

Item Type:	Article
Keyword:	Ulama, Aceh, Pregnant Woman out of Wedlock, Islamic family law
Subjects:	D World History and History Of Europe, Asia, Africa, Australia, New Zealand, Etc. > DS Asia > DS1-937 History of Asia > DS92-99 Syria > DS94.9-98.3 History K Law > KBP Islamic law > KBP1-4860 Islamic law. Shariah. Fiqh > KBP490-4860 Furã# al-fiqh. Substantive law. Branches of law > KBP524-638 Aw~l shakh§yah
Department:	FACULTY > Faculty of Islamic Studies
Depositing User:	ABDULLAH BIN SABUDIN -
Date Deposited:	11 Apr 2025 09:26
Last Modified:	11 Apr 2025 09:26
URI:	https://eprints.ums.edu.my/id/eprint/43469

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