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ALASAN HUKUM NIKAH SESAMA PEZINA DALAM Q.S. AN-NUR [24]: 3 DAN RELEVANSINYA DENGAN KOMPILASI HUKUM ISLAM PASAL 53 TENTANG KAWIN HAMIL

Surya Sukti, Ahmad Sanusi

Abstract


The phenomenon of pregnancy outside marriage in Indonesia is a consequence of any sexual act outside of marriage and this become social problem that should be prevented and overcome. Textually, in Al-Qur’an: An-Nur verse, it is regulated that adulterer should marry with adulterer. The positive law in Indonesia impicitly does not regulate marriage among same adulterer; however, it is explicitly regulated in Compilation of Islamic law article 53 about Marriage-Pregnancy. In order not be a blank norm, it need reinterpretation of the legal reasons of marrying the same sexes as the form of preventing pregnancy caused by any as sexual act outside marriage either in Al-Qur’an Annur verses the main source of Islamic law and its relevance with positive law stated in the Compilation of Islamic Law article 53 about Marriage-Pregnancy.

The results of the study concluded that: the reason of the law of marriage between the same adulterers in Al-Qur’an, An-Nur verses is preventing any sexual act or emergency door, especially for preventing for pregnancy outside marriage which causes bad effect for pregnant woman and the baby she carries, and the legal reason of the Compilation of Islamic Law article 53 about Marriage-Pregnancy preventing any sexual acts, especially protect for the goodness of pregnant women caused by any sexual acts and the baby she carries as the sociological and psychological impact. The relevance of legal reasons in Al-Qur’an; An-Nur verses are the consistency and coherency of Islamic law which are empirical and realistical based on the form and law building, and the concept of Islamic law, especially for those who marry between the same sexes which are transformed into legislative product, and documented in the Compilation of Islamic Law article 53 about Marriage-Pregnancy.

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