HUKUM MENIKAHKAN ANAK PEREMPUAN LUAR KAWIN OLEH AYAH BIOLOGISNYA MENURUT PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA

Pregnant marriage is a way to cover the shame of the woman's family, whether
she is married to the man who married her or another man who marries her because
the man who married her is irresponsible. Islam views that if a child commits adultery
outside of a legal marriage, the child is considered an illegitimate child and is only
related to his mother. According to the rules, weddings can still be held even if the
bride is pregnant. "In the compilation of Islamic Law (KHI) article 53 paragraph (1),
a woman who is pregnant outside of marriage can be married to the man who
impregnated her". This research method uses a type of normative research with a
library method, the sources used are primary and secondary data, while the data
analysis technique is a deductive method that draws conclusions after the data has
been collected. The research results are as follows. Based on Islamic law, a biological
father does not have the right to be a guardian for the marriage of a child who is
pregnant out of wedlock, because the lineage of a child who is pregnant out of wedlock
and his or her biological father is severed so they have no lineage. Meanwhile, the
legal provisions in force in Indonesia state that children born out of wedlock only have
a civil relationship with their mother and her mother's family (Art. 43 paragraph (1)
Law No. 1/1974). However, the marriage can still take place, namely by using a
Guardian Judge.