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Status of Children Out of Wedlock in Shari'a View

 

Status of Children Out of Wedlock in Shari'a View

Factors of free association that are increasingly prevalent, infidelity/adultery and cases of rape. The impact that arises is of course not just a violation of the normal limits of morality, but also pregnancy that will be experienced by the woman. 

Likewise, victims of rape cases are not only disgraced, but also suffer a lifetime of psychological burden and the loss of several opportunities due to the disgrace of being raped. Of course, this will have an impact that must be borne by the women themselves, namely psychological trauma for rape victims and unwanted pregnancies in both cases.


In some cases, the woman prefers to abort her pregnancy rather than having to endure the feeling of shame both in front of her parents and in front of the general public. 

However, not a few also choose to maintain the pregnancy even though they do not expect it on the pretext that they do not want to kill an innocent fetus and do not want to add to their sins, the method of aborting a fetus is an inhumane act, because the effort is not based on good reasons. justifiable by law.

The status of biological children or the presence of children without remarriage is widely discussed. The case occurred, from a young couple who went too far in making love. Some fell into adultery, until the woman became pregnant. Of course this is a problem because it is related to the status of the child after birth.


According to several scholars, quoted from various sources, there are things that need to be considered regarding pregnancy out of wedlock, namely: 

1. A fetus resulting from adultery should not be aborted. 

No matter how the process of this fetus appeared, he did not bear the sins of his parents at all. Both from adultery and rape. Therefore, disturbing this fetus, let alone aborting it, is an injustice and a crime.


2. Children resulting from adultery are related to their mothers and not to their fathers. 

Because actually the biological father is not the father according to the Shari'a. So this child was born without a father.

the scholars concluded that the child resulting from adultery was not at all his father's son. Because of that, it can't be given to his father. What if it's binned to his father? The law is forbidden even a mortal sin.

How about his lineage? Because this child does not have a father, he is assigned to his mother, for example: paijo bin fulanah. As Prophet Isa 'alaihis salam was given to his mother, Isa bin Maryam, because he was born without a father.


3. Guardian of Marriage. 

If a child is born of female adultery, then this child does not have a guardian from his family. Because he does not have a father, so there is no family line from the father's side. Meanwhile, the guardian of marriage is only from the father's family. Therefore, the marriage guardian moved to the judge (KUA). 


4. A man who commits adultery to a woman until he becomes pregnant, cannot marry the woman until she gives birth


5. Marriage does not remove the sin of adultery. 

The sin of adultery cannot be eliminated just by getting married. Do not let you have the assumption that getting married means that the adulterer has received forgiveness. The sin of adultery can be lost with sincere repentance. A person will still be considered an adulterer as long as he has not repented of the sin of adultery.

  • To be called a person who has repented, he must prove the form of regret in his life, including: 
  • First, he feels very sad about his actions. 
  • Second, leave all actions that trigger adultery, such as viewing pornographic pictures or films. 
  • Third, leaving the community and friends who lead someone to return to adultery. 

Such as promiscuity, friends who do not maintain social etiquette, like to show genitals, and so on. Fourth, try to find a good community, who take care of themselves, and be careful in socializing. Fifth, try to equip yourself with syar'i knowledge. 

Because this is what will guide people to the path of truth. And sixth, trying to increase the charity of worship, as capital to continue to be patient in refraining from immorality. 6. Men and women who commit adultery cannot marry until they repent. Allah forbids a good man to marry an adulteress.


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