The Regulation of Adultery in Islamic Law

Oct 13, 2025 by wbrum.org 117 views

Marrying a Pregnant Woman Due to Adultery: An Analysis of Islamic Law and Law Number 1 of 1974 Concerning Marriage

Introduction

Marriage is a sacred institution that brings two individuals together in a bond of love, trust, and commitment. However, this bond can be tested by various challenges, including the phenomenon of marrying a pregnant woman due to adultery. In this context, it is essential to understand the regulation of adultery, the status, and legal consequences of marrying a pregnant woman due to adultery, both from the perspective of Islamic law and Law Number 1 of 1974 concerning Marriage.

The Regulation of Adultery in Islamic Law

In Islamic law, adultery is considered a grave sin that is strictly prohibited. The Quran and Hadith emphasize the importance of maintaining chastity and avoiding extramarital relationships. Married adultery is punishable by stoning, while unmarried adultery is punishable by whipping and exile for one year. This shows that Islam attaches great importance to the norms of sanctity and ethics in human relationships.

On the other hand, the Marriage Law of 1974 does not explicitly regulate adultery, but rather focuses on the status of children resulting from relations outside of marriage. However, the Criminal Code (KUHP) and Aceh Qanun No. 6 of 2014 concerning Jinayat Law in force in Aceh provide regulations regarding adultery. This highlights the gap between positive law and religious law in dealing with this issue.

The Legal Status of Marrying a Pregnant Woman Due to Adultery

From the perspective of Islamic law, marrying a pregnant woman due to adultery is considered valid if the man is the one who impregnated her. However, there are differences of opinion regarding the validity of marriage if the one who marries is not the perpetrator of adultery. On the other hand, according to the Marriage Law, marrying a pregnant woman due to adultery is also considered valid as long as it is carried out in accordance with the religious laws of each pair.

For Muslims in Indonesia, this marriage is legitimate as long as the groom is the person responsible for the pregnancy. This shows recognition of the moral and social responsibilities of adultery. In fact, the Indonesian government has implemented policies to encourage couples who have committed adultery to get married and take responsibility for their actions.

The Legal Consequences of Marrying a Pregnant Woman Due to Adultery

The legal consequences of marrying a pregnant woman due to adultery can be different based on the time of the child's birth. In Islamic law, if the child is born after six months of marriage, then the child has a relationship of nasab, guardianship, inheritance, and the right to live from both parents. However, if the child is born before six months, then the child does not have the same rights from his father, unless there is a recognition and evidence that shows the biological relationship between them.

Meanwhile, based on the Marriage Law, children born in a legal marriage have all the same rights, including the relationship between the nasab and the obligation of living from the father who marries his mother. For children outside the legal marriage, they have civil rights from their biological mothers and the right to live from their biological father if they can be proven scientifically.

Policy Recommendations

Seeing the complexity of this problem, it is recommended that the government formulates a rule of law that provides strict sanctions for adultery. In addition, the expansion of the authority of the KUA (Office of Religious Affairs) in asking for medical recommendations regarding the status of the pregnancy of the bride and groom can be a preventive step. It aims to clarify the validity of marriage and encourage couples who want to get married to repent and understand the legal consequences of their actions.

Conclusion

The phenomenon of marrying a pregnant woman due to adultery reflects complex social and moral challenges. In the context of Islamic law and marriage law, it is essential for each individual to understand the consequences of their actions. Through legal education and awareness of social norms, it is hoped that people can distance themselves from adultery and uphold the values of holiness in marriage.

Recommendations for Future Research

Comparative Study: A comparative study between Islamic law and the Marriage Law of 1974 concerning the regulation of adultery and the status of children born outside of marriage.
Case Study: A case study of couples who have married a pregnant woman due to adultery, exploring the reasons behind their decision and the consequences of their actions.
Policy Analysis: An analysis of the policies implemented by the Indonesian government to address the issue of adultery and the effectiveness of these policies in reducing the incidence of adultery.

References

Quran and Hadith
Marriage Law of 1974
Criminal Code (KUHP)
Aceh Qanun No. 6 of 2014 concerning Jinayat Law
Indonesian government policies and regulations regarding adultery

Limitations of the Study

This study has several limitations, including:

Scope: The study only focuses on the regulation of adultery and the status of children born outside of marriage in Islamic law and the Marriage Law of 1974.
Data: The study relies on secondary data sources, including laws, regulations, and government policies.
Case studies: The study does not include case studies of couples who have married a pregnant woman due to adultery.

Future Directions

Future research on this topic could explore the following directions:

Qualitative study: A qualitative study of couples who have married a pregnant woman due to adultery, exploring the reasons behind their decision and the consequences of their actions.
Quantitative study: A quantitative study of the incidence of adultery in Indonesia, exploring the factors that contribute to this phenomenon.
Policy evaluation: An evaluation of the effectiveness of government policies in reducing the incidence of adultery and promoting the values of holiness in marriage.
Frequently Asked Questions (FAQs) About Marrying a Pregnant Woman Due to Adultery

Q: What is the Islamic perspective on marrying a pregnant woman due to adultery?

A: In Islamic law, marrying a pregnant woman due to adultery is considered valid if the man is the one who impregnated her. However, there are differences of opinion regarding the validity of marriage if the one who marries is not the perpetrator of adultery.

Q: What are the legal consequences of marrying a pregnant woman due to adultery in Islamic law?

A: In Islamic law, if the child is born after six months of marriage, then the child has a relationship of nasab, guardianship, inheritance, and the right to live from both parents. However, if the child is born before six months, then the child does not have the same rights from his father, unless there is a recognition and evidence that shows the biological relationship between them.

Q: What is the Marriage Law's perspective on marrying a pregnant woman due to adultery?

A: According to the Marriage Law, marrying a pregnant woman due to adultery is also considered valid as long as it is carried out in accordance with the religious laws of each pair. For Muslims in Indonesia, this marriage is legitimate as long as the groom is the person responsible for the pregnancy.

Q: What are the rights of children born outside of marriage in Islamic law?

A: In Islamic law, children born outside of marriage have civil rights from their biological mothers and the right to live from their biological father if they can be proven scientifically.

Q: What are the rights of children born outside of marriage in the Marriage Law?

A: According to the Marriage Law, children born in a legal marriage have all the same rights, including the relationship between the nasab and the obligation of living from the father who marries his mother.

Q: What are the policy recommendations for addressing the issue of adultery in Indonesia?

A: It is recommended that the government formulates a rule of law that provides strict sanctions for adultery. In addition, the expansion of the authority of the KUA (Office of Religious Affairs) in asking for medical recommendations regarding the status of the pregnancy of the bride and groom can be a preventive step.

Q: What are the limitations of the study on marrying a pregnant woman due to adultery?

A: The study has several limitations, including the scope, data, and case studies. The study only focuses on the regulation of adultery and the status of children born outside of marriage in Islamic law and the Marriage Law of 1974. The study relies on secondary data sources, including laws, regulations, and government policies. The study does not include case studies of couples who have married a pregnant woman due to adultery.

Q: What are the future directions for research on marrying a pregnant woman due to adultery?

A: Future research on this topic could explore the following directions:

Qualitative study: A qualitative study of couples who have married a pregnant woman due to adultery, exploring the reasons behind their decision and the consequences of their actions.
Quantitative study: A quantitative study of the incidence of adultery in Indonesia, exploring the factors that contribute to this phenomenon.
Policy evaluation: An evaluation of the effectiveness of government policies in reducing the incidence of adultery and promoting the values of holiness in marriage.

Q: What are the implications of the study on marrying a pregnant woman due to adultery?

A: The study highlights the complexity of the issue of adultery and the need for a comprehensive approach to address it. The study emphasizes the importance of understanding the consequences of one's actions and upholding the values of holiness in marriage. The study also highlights the need for further research on this topic to provide a more comprehensive understanding of the issue.