Praktik Wali Hakim Dalam Perkawinan Anak Hasil Hubungan Di Luar Nikah Perspektif Kompilasi Hukum Islam Fiqh Syafi’iyyah

Measuring the Authority of the Guardian Judge in the Marriage of Pregnant Children from Wedlock Perspective of Compilation of Islamic Law Shafi'iyyah Fiqh

Abstract

This study aims to examine the practice of determining the guardian of a judge in the marriage of a daughter resulting from a pregnant marriage at the KUA of Banyakan District, Kediri Regency, viewed from the perspective of the Compilation of Islamic Law (KHI) and the Shafi'i School of jurisprudence. The phenomenon of pregnant marriage creates a dilemma in determining the guardian of marriage, due to differences in views between national law and fiqh law regarding the child's lineage. The Shafi'i School of Law states that a child born less than six months after the marriage contract cannot be traced to the biological father, so it is not valid to make him a guardian. Meanwhile, the KHI still recognizes the child as a legitimate child. This study uses a qualitative descriptive approach with data collection techniques in the form of interviews, observations, and documentation. The results of the study show that the Banyakan KUA determines the guardian of a judge in cases of pregnant marriage based on the results of document verification and the Shafi'i School of Law approach. This step is taken to maintain the validity of the marriage according to sharia, although in practice the KUA also considers the social and emotional aspects of the family by providing a compromise solution. This study shows the synergy between positive legal norms and fiqh rules in resolving family law issues in society.