The Law Of Marriage When Pregnant According To Islam, This Is The View Of Ulama

Marriage law while pregnant (Freepik)

YOGYAKARTA - Marriage is a sacred moment both culturally and religiously. But in today's era, sometimes there are couples who get married but are already pregnant first. So what is the law of marriage like when you are pregnant?

The influence of negative culture does not slightly make young people fall into free sex. In fact, this is strictly prohibited in religion and is an act of sin. Islamic teachings have explained that adultery is considered a big sin.

Marriage when pregnant is usually done to cover up disgrace for adultery. Regarding this, many ask the law of marriage when pregnant.

Pregnancy outside of marriage is the result of adultery involving both parties, both pregnant men and pregnant women. Then, the question arises, is marrying a woman who is pregnant due to adultery allowed? The following is the view of scholars from various Mazhab related to this matter:

Based on Wahbah Az-Zuhaily's opinion quoted by Memed Humaedillah in the book Legal Status of Pregnant Women's Akad and their Children, the Hanafiyah cleric stated that marrying a pregnant woman due to adultery was allowed if the man who married her was the man who impregnated her.

Why is this allowed? Based on this opinion, the reason is because women are pregnant due to adultery are not included in the category of women who are forbidden to marry.

According to Wahbah Az-Zuhaily's book Al-Fiqh al-Islami wa Adillatuh, Syafi'iyah scholars argue that marrying a pregnant woman because her legal adultery is legal, both by the man who impregnated her and by another man. This is based on the reasons that pregnant women due to adultery are not included in the category of women forbidden to marry.

According to Ibna al-Qasim from the Malikiyah clerics, marrying a pregnant woman is prohibited until the woman is free from pregnancy. So the man is only allowed to marry her after the woman gives birth to her child.

Ulama Malikiyah also believes that marrying a pregnant woman due to adultery is not allowed, either by the man who impregnated her or by another man. If the marriage continues, the contract is considered invalid and must be canceled.

According to Ibnu Qudamah, as quoted in the Issues of the Contemporary Fiqh, women who commit adultery should not be married to people who know their actions, unless they meet two conditions.

The first condition is that the period of iddah must end, namely after she gives birth to a child. Second, the woman must show regret by repenting. By repenting, her status as the perpetrator of adultery which is prohibited from being married will be lost.

Nurul Irfan in the book Nasab and the Status of Islamic Law states that children born out of marriage cannot be linked by fate to their biological fathers, even though the child comes from the man's seeds. The child only has a relationship with his mother.

While in Radd al-Muhtar's book 'ala al-Durr al-Mukhtar, Imam Ibb 'Abidin explains that children born from adultery or false oaths (li'an) are only entitled to inheritance from the mother.

This is because children born from illicit relationships do not have a sharia father. In this case, the child is not considered responsible for the sins committed by his parents.

The Indonesian Ulema Council (MUI) has also established a fatwa regarding the status of children resulting from adultery through Fatwa Number 11 of 2012. The fatwa explains that children born from illicit relationships do not have a relationship between the nasab, the guardian of marriage, inheritance rights, or the obligation to earn a living with the man who caused his birth.

Furthermore, MUI emphasized that children resulting from illicit relations only have nasab relations, inheritance rights, and livelihoods with their mothers and families of the mothers. This fatwa is based on a number of legal opinions, including views conveyed in the al-Muhalla book by Imam Ib Hazm on volume 10.

"The child is devoted to his mother if her mother commits adultery and then contains it, and does not offer it to men."

Such is the review of the law of marriage when pregnant according to the views of Islamic scholars. Because adultery is an act that is considered a big sin, marriage that is committed because pregnancy is an act that is prohibited or not considered legal. Also read also whether you marry a contract in Islam.

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