KEBEBASAN PEREMPUAN DALAM MEMILIH CALON SUAMI: DINAMIKA PERKAWINAN HAMIL DI LUAR NIKAH DI KECAMATAN TANAH MERAH KABUPATEN BANGKALAN

Jezeri, S.H., NIM.: 21203012058 (2023) KEBEBASAN PEREMPUAN DALAM MEMILIH CALON SUAMI: DINAMIKA PERKAWINAN HAMIL DI LUAR NIKAH DI KECAMATAN TANAH MERAH KABUPATEN BANGKALAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

A shift in the attitude of parents in forcing their daughters who have become pregnant out of wedlock to give them the freedom to choose the future husband they like is a progressive step in the family. This freedom to choose a future husband aims to give full rights to a daughter so that it is easy to build family resilience and happiness in the future. However, in reality, this practice has reaped pros and cons in society, so it can disrupt the sanctity of marriage in Tanah Merah sub-district, Bangkalan regency. This research aims to explore people's understanding about Marriage by accident. This research aims to answer 2 questions, there are: 1. What are the views of community leaders regarding married by accident with a man who does not impregnate the woman? 2. What impact does this marriage have on family harmony?.This research uses a type of field research with a legal sociology approach. The nature of the research used is descriptive analytical by explaining the general research results obtained through interviews and observations of 27 informants and then analyzed using the Efektivitas Hukum theory, Maṣlaḥah Mursalah theory and the Mubādalah theory. The results of this research obtained 3 main conclusions. First, the views of community leaders regarding married by accident with a man who does not impregnate, there are various views. The author divides the views of these community figures into 2 groups, those are community figures who agree and community figures who disagree. The group in category 1 are community leaders who agree with married by accident, because women who are pregnant out-of-wedlock are not bound by a legal marriage and are not during the iddah period, they tend to be open and give pregnant women the right to choose their future partner. This attitude is in accordance with the theory of mutuality (mubādalah) which places women on an equal footing with men. Then in group 2 category are community figures who do not agree because the whereabouts of the man who impregnated him is known. They tend to be rigid and do not provide freedom and support the rights of parents. Second, couples who get pregnant out of wedlock with other men are able to build a family resilience with certain efforts. Based on research results, 9 out of 10 families who have married by accident have succeeded in building harmonious families. So that this marriage can be used as an alternative to solve problems in a society that upholds the principle of benefit following the theory of Maṣlaḥah Mursalah.

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