PRAKTIK KAWIN HAMIL DAN PENENTUAN WALI NIKAH BAGI ANAK HASIL KAWIN HAMIL DI DESA MULYA KENCANA KECAMATAN TULANG BAWANG TENGAH KABUPATEN TULANG BAWANG BARAT PROVINSI LAMPUNG PERSPEKTIF YURIDIS SOSIOLOGIS

Hendriyanto, NIM.: 18203011019 (2020) PRAKTIK KAWIN HAMIL DAN PENENTUAN WALI NIKAH BAGI ANAK HASIL KAWIN HAMIL DI DESA MULYA KENCANA KECAMATAN TULANG BAWANG TENGAH KABUPATEN TULANG BAWANG BARAT PROVINSI LAMPUNG PERSPEKTIF YURIDIS SOSIOLOGIS. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis discusses pregnant marriage and the determination of the guardian of marriage for children who are pregnant with the focus on practices that occur in the people of Mulya Kencana Village. In practice, people still follow the opinion of religious leaders who use law fiqh related to the implementation of pregnant marriage and determining the guardian of marriage for children who are pregnant. Religious leaders there are of the opinion that in the practice of pregnant marriage, the marriage contract must be repeated after the woman gave birth. Religious leaders set a limit of six month of pregnancy for children who are married pregnant to be connected to the nasab with his biological father, so that his father could become a guardian in the contract marriage. This is a different understanding from article 53 KHI and article 99 KHI. For this reason, the authors are interested in researching how the practice of pregnant marriage and the determination of the legal guardian of children who are pregnant in Mulya Kencana Village, Lampung Province, as well as that understanding. why people prefer the jurisprudence of the positive law. How can socio-juridical analysis of relevant practices and the determination of the rights of pregnant mating male guardians to marry the child of this pregnancy. This type of research is field research. This research is qualitative in nature. The approach used is sociology of law. Data collection techniques with observation, interviews and documentation. The theory used in this research is sociological juridical theory. Sociological juridical theory is used to answer problems using a legal point of view where the discussion is based on applicable laws and regulations and their suitability with realities or phenomena that occur in the community. Based on the research method used, it can be seen that the people of Mulya Kencana Village have different understandings, some don't allow and some allow. For those who allow it to be divided into two, they are allowed without conditions and may but with conditions. But in the end they agreed with the opinion of the ulama or religious leaders who used fiqh law in enforcing the law of pregnant marriage and determining the guardian of marriage for children who were pregnant. The factor-factors behind this understanding is: KHI lost practice with the science of jurisprudence, there is no involvement of the KUA in endorsing the law, lack of socialization, as well as doctrines jurisprudence inculcated by religious leaders in the community. The reason people prefer fiqh law to positive law is because they believe that fiqh law is more authentic and is more careful in taking legal action, in this case it is family law. Sociologically Juridical there is an insignificant relationship between existing laws and regulations with reality in the field. However, the marriage was still legally punished.

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