Pegawai Pencatat Nikah Dan Konservatisme Fikih Keluarga Pelaksanaan Perkawinan Wanita Hamil di Kantor Urusan Agama Kabupaten Kediri

Abstract

Kompilasi Hukum Islam (KHI) regulates that the pregnant women can only be married by the men who got her pregnant. At the some time, some schools of Islamic jurisprudence, particularly Hanafite, allows the women to marry with other men. This paper discuss about the implementation of the marriage of pregnant women in the Office of Religious Affairs (Kantor Urusan Agama/KUA) and how the authorities understand the regulations by focusing on 5 districts of Kediri. This paper explains the attitude of law enforcer (marriage registrars) in determining the law reference in the case of pregnant women marriage. This paper found that the marriage registrars of these KUAs argued that pregnant women could be married by men who did not impregnate her. This indicates that marriage registrars in Kediri had a preferece to refer to classical Islamic Jurisprudence (fiqh) rather then state law (KHI). Sociological factors such as the pesantren environment and the influence of kyai as religious authority lead to this stand.