Tinjauan Kawin Hamil di Indonesia

The phenomenon of pregnant marriage in Indonesia presents a dilemma between protecting the child's welfare and preventing the normalization of adultery—a tension not fully resolved by Article 53 of the Compilation of Islamic Law (KHI). This study aims to reconstruct the normative foundation of pregnant marriage through a comparative analysis of the four Sunni schools of jurisprudence and to evaluate the coherence of Article 53 with the principles of maqashid al-shari'ah, particularly hifz al-nasl (protection of lineage) and hifz al-'ird (protection of honor). A normative juridical method was employed, combining a comparative-madhhab approach with teleological interpretation of primary legal sources (the Qur'an, hadith, and KHI) and secondary sources (authoritative fiqh literature and recent scholarly journals). The findings reveal that: (1) Article 53 implicitly adopts the Shafi'i school's position but diverges by not restricting sexual relations before childbirth; (2) the flexibility of Article 53 risks generating mafsadah through the normalization of adultery unless accompanied by repentance mechanisms and counseling; (3) the nasab status of children born from pregnant marriages remains problematic following Constitutional Court Decision No. 46/PUU-VIII/2010, as the KHI has not explicitly integrated scientific proof (DNA testing) into its lineage verification regime. This study recommends a limited revision of Article 53 to include mandatory pre-marital counseling and repentance verification, alongside harmonization with the Child Protection Act to safeguard children's constitutional rights.