FUKAHA'S VIEW ON CHILD MARRIAGE AND ABORTION AS CONSEQUENCES OF PREGNANCY OUTSIDE OF MARRIAGE

PANDANGAN FUKAHA TERHADAP PERKAWINAN ANAK DAN ABORSI SEBAGAI KONSEKUENSI HAMIL DI LUAR NIKAH

Abstract

One of the reasons that encourage child marriage is pregnancy outside of official marriage carried out by men and women who are still underage, or men who are old enough, but the woman is still a minor because of a bond of love and association. free youth. Pregnant out of wedlock are often faced with two difficult choices between marrying the perpetrator or taking shortcuts with abortion. The purpose of this study was: to find out and deepen the knowledge possessed by researchers related to child marriage due to pregnancy out of wedlock and the choice of abortion for some parties. The problem in this study is the status of the child resulting from a pregnant relationship out of wedlock and the dilemmatic choice between abortion and child marriage. The method used in this paper uses library research, namely research sourced from primary, secondary and tertiary legal materials or what is often referred to as library research. The results of this study are in order to eliminate mafsadat, if there are really no parents who are responsible for the survival of the fetus resulting from a relationship outside of marriage, then the state is obliged to protect and bear their living by taking it from the state treasury as in the classical Islamic era. Baitul Mal is contextualized as a modern state concept, namely a state institution that takes care of children without parents who are responsible for their lives, with the hope that they will build a noble civilization for the nation.