Proceedings of the 2nd International Conference on Islamic Studies, ICIS 2020, 27-28 October 2020, Ponorogo, Indonesia

Research Article

Legal Reform and Fiqh Authorities: The Determination of Marriage Guardianship for Child of a Pregnant Married in Regency of Religious Affairs Office (KUA) Kediri

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  • @INPROCEEDINGS{10.4108/eai.27-10-2020.2304157,
        author={Sheila Fakhria, M.H},
        title={Legal Reform and Fiqh Authorities: The Determination of Marriage Guardianship for Child of a Pregnant Married in Regency of Religious Affairs Office (KUA) Kediri},
        proceedings={Proceedings of the 2nd International Conference on Islamic Studies, ICIS 2020, 27-28 October 2020, Ponorogo, Indonesia},
        publisher={EAI},
        proceedings_a={ICIS},
        year={2021},
        month={2},
        keywords={marriage guardianship; pregnant marriage; kua},
        doi={10.4108/eai.27-10-2020.2304157}
    }
    
  • Sheila Fakhria, M.H
    Year: 2021
    Legal Reform and Fiqh Authorities: The Determination of Marriage Guardianship for Child of a Pregnant Married in Regency of Religious Affairs Office (KUA) Kediri
    ICIS
    EAI
    DOI: 10.4108/eai.27-10-2020.2304157
Sheila Fakhria, M.H1,*
  • 1: State Islamic Institute of Kediri (IAIN Kediri)
*Contact email: sheilafakhria@iainkediri.ac.id

Abstract

This paper will discuss the rules on the status of women in Islamic family law and practice in the Office of Religious Affairs (KUA). This paper focused on the rules for determining marriage guardians for women born in the practice of pregnant marriage and their application in the KUA, Kediri. This paper examined the attitudes of law enforcers in determining marriage guardianship for women and their legal tendencies by referring to the compilation as State law and fiqh as the legal basis for making State law. Using the approach of the sociology of law, this paper found that in the practice of determining marriage guardians of children as a result of pregnant marriage, KUA had an understanding of the tendency to refer to the existing rules in KHI. However, KUA considered that the status of a child obtained from a child as a result of a pregnant marriage is children administratively, while in the case of other civil relations such as guardianship and inheritance, it must be adjusted to the fiqh and opinion of the ulama. This paper confirmed that sociological factors have motivated the understanding of the KUA, where they have a tendency to continue to maintain fiqh in determining marriage guardians and the strength of the fiqh doctrine in KUA which is characterized by the dominance of culture and environment pesantren, kyai’s charisma and the education of KUA employees who are engaged in fiqh for a long time and made it a solution to answer everyday problems.