Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina

R. Rahmat, S. Indriani
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Abstract

Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.
通奸导致孕妇离婚的法律
由于通奸而怀孕的妇女的结婚和离婚是伊斯兰法学讨论中所关注的问题。由于通奸而与怀孕妇女结婚一直是各国伊斯兰学者之间的争论,包括印度尼西亚,直到最终在伊斯兰法律汇编中规定,并成为对婚姻法的解释。婚后离婚,即因通奸而怀孕,也是一个有趣的讨论,特别是关于idah问题,即怀孕和离婚的妇女的等待期。伊斯兰教规定了Idah或等待期,目的是为了维护一个人血统的真实性,以免与他人混在一起。这个问题是从社会文化规范的角度来研究的,它比较了论点和事实条件,从而给出了不同的价值。根据离婚的类型或解除婚姻关系的过程以及妇女的状况,伊达法可能因妇女而异。适用于怀孕妇女的离婚法律,也适用于因通奸而怀孕的离婚妇女。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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