NALAR FIKIH MAZHAB SYAFI’I DALAM KASUS PERNIKAHAN WANITA HAMIL DAN STATUS ANAK YANG DILAHIRKAN

Abstract

This article is the result of library research. This study aims to: track the shafi'iyah school of thought in determining the legal status of pregnant women marriage. This article discusses the reasoning or way of thinking of the Shafi'iyah school in determining the legal status of a pregnant woman's marriage and the status of the child she gives birth to. The claim of this research is that the approach taken by the syafi'iyah school in determining the legal status of pregnant women's marriages uses a textual approach. The source of the law used is the Hadith of the Prophet Muhammad which stipulates that a wife who is still in her husband's marriage contract, every child born to her, even though it is the result of adultery, is considered by law to be her husband's child. The results of this study conclude that a child born before a legal marriage, is considered an adulterous child, cannot be attributed to a father, and each of them cannot be an heir and neither can inherit. If the marriage is carried out to cover the disgrace, if it is carried out before six months of gestation, the status of the baby is considered a legal child according to Islamic law.