KETENTUAN PERNIKAHAN WANITA HAMIL DILUAR NIKAH (Studi Komparatif Antara Pasal 53 Kompilasi Hukum Islam Dengan Pasal 32 Kitab Undang – Undang Hukum Perdata)



  • Iza Afkarina Doktor Ilmu Hukum Universitas Muhammadiyah Surakarta
  • Muhammad Lubsi Tuqo Romadhan Sekolah Tinggi Agama Islam Muhammadiyah Probolinggo



currently there are many marriages carried out where the woman is pregnant out of wedlock as a result of the adultery they committed, this attracts the attention of the author to examine how the provisions of positive law in force in Indonesia currently provide provisions in the practice of marriages carried out by women who are pregnant out of wedlock? In order to provide additional knowledge to teenagers in particular and to be able to create a society that is aware of obedience to the law. This research is qualitative in nature, namely carried out by analyzing data without calculating numbers, so that the results show that there are similarities and differences in determining the law in the practice of marriage for pregnant women out of wedlock and its legal consequences. The Compilation of Islamic Law legalizes if it is carried out by the man who got her pregnant while the Civil Code legalizes if it is not with the man who got her pregnant.

Keywords: Marriage, Pregnant Women Out of Wedlock, Compilation of Islamic Law, Civil Code