BROMOCORAS
Non Marital

Prastowo came to ndalem pesantren. Seeing the arrival of Prastowo with someone, Nyai Kartika again moved from his seat and returned to the house.

Ajimukti also Sobri seemed to frown at seeing the person who was with Prastowo this time.

"Assalamu'alaikum, Mas." Sapa Prastowo then greeted those who were there. The people who came with Prastowo also did what Prastowo did.

"What's up, Lek?" Ask Ajimukti after answering Prastowo's greeting.

"Look, Mas. Sorry to interrupt the time. This, Kang Wagino, there are things he would like to ask the same way." Prastowo said while introducing the man who came with him.

"Oh, yes, what's wrong, Mr Wagino? What do you want to ask?" Ajimukti's question turned to Mr. Wagino.

Wagino seemed hesitant to say it, then Prastowo gestured to say it. Wagino nodded.

"Look at Mas Aji. It's a personal matter and it's my real secret and again I'm ashamed to say it." Wagino said then while bowing to hide his face.

Hearing that Ajimukti again frowned, while Sobri immediately moved from his seat.

"Where are you going, Bri?" Prastowo asked to see Sobri getting up from his seat.

"I'll make you a drink first, Lek." Sobri Sahut.

Prastowo. He understood, besides that, Sobri must have wanted to give Wagino a chance to talk about the problem.

"So how, sir? Emmm, I mean, if it's a secret, why would you ask me?" Ajimukti continued to respond to Wagino's remarks.

Wagino glanced at Prastowo, once again Prastowo convinced him to speak. Wagino now seemed to be breathing out.

"It's about my daughter, Mas." Wagino said.

"Princess father? So what's the problem?" Ask Ajimukti later.

Once again Wagino sighed, a doubtful look on his face.

"So this is it, Mas. I used to be a blunt person. I get along too freely. Later then... Emm..." Wagino stopped his words.

Ajimukti was still waiting for Wagino to continue his words.

"Then I met a woman. I did not know religion at the time. I was with that woman who broke the line. The woman then became pregnant. And then gave birth to a daughter. That girl is my daughter, Mas." Wagino said later.

Hearing that Ajimukti was a little surprised, but he did not want to respond, he was still waiting for Wagino to resume his problems.

Wagino fell silent again, Prastowo understood this situation.

"So this is it, Mas. Kang Wagino's daughter is getting married. He's confused about his marriage guardian." Said Prastowo who already knew the situation.

"Yes, Mas. Because the previous circumstances that made me rightly muddled with doubt." Imbuh Wagino confirmed Prastowo's speech.

Ajimukti began to understand this time, for a moment he nodded his head nod.

"His own father and his mother the father's daughter then married? Sorry, I mean after that time I knew that the mother of the father's daughter was pregnant with the father's child?" Ask Ajimukti later.

"Yes married, Mas. My daughter's mother's woman is the one who is now my wife." Sahut Wagino.

Ajimukti nodded in understanding. After that, he seemed to breathe.

"So it's about the right of marriage guardianship from extramarital pregnancy. Is that right, sir?" Ajimukti's question confirms Wagino's intentions.

Wagino nodded, "Right, Mas. Please Mas Aji would like to explain about that." Said later.

"Good, Sir. I'll try to explain it briefly and to the point." Say Ajimukti later.

Wagino only then nodded, even with Prastowo.

"Indeed this is very vulnerable and many do not know how the status of the child from pregnancy out of wedlock, his marriage even if the child is a girl, how the marriage trust, his inheritance. Well, regarding the case that Mr. Wagino is currently experiencing. When a woman comes into contact outside of marriage, she becomes pregnant and is married to the man who impregnated her. In this case, the status of the child is assigned to the mother, because the husband and wife are married after the wife is pregnant first, not before becoming pregnant. However, Mr. Wagino can still be said to be the biological father of the child, but cannot be assigned to his biological father. Therefore, who is entitled to be a guardian when the daughter is married is the judge, not Mr. Wagino because of his status only as a mother's child even though his biological father, Mr. Wagino, married his mother. Cases such as Mr. Wagino is also sometimes a question in the birth certificate of children. Well, in the birth certificate will be listed can be listed the name of the father and mother even though the father is not a guardian, only biological father in the world. It is based on the fifty-third article of Islamic law which states explicitly about the father's case." Clearly Ajimukti later.

"Compilation of Islamic law? So is there any Islamic law that alludes to this?" Ask Prastowo then.

"There is, Lek. A case like this is not a new case. Since ancient times, there has been a lot of debate. Especially about things like Mr. Wagino is experiencing at this time. About the rights of the child's marriage guardian." Ajimukti.

"Then about this how is that, Mas? I mean about Kang Wagino's case." Prastowo asked.

"Yes in the article described, a pregnant woman out of wedlock, can be married to the man who impregnates her. Second, the marriage with a pregnant woman mentioned in the first verse, can be carried out without waiting for the birth of the child. Third, with the implementation of marriage when the woman is pregnant, no remarriage is needed after the child is born. So that based on article fifty-three of the Compilation of Islamic Law that must be understood is the validity of pregnant marriage, but does not affect children caused by marriage because of pregnancy. The child resulting from a pregnant marriage is not necessarily included with the parents' nasab. Therefore, this is where the importance of nasab in Islam can only be obtained through marriage. Regarding the right of inheritance, because only to be entrusted to his mother, the daughter can only inherit from each other with her mother." Clearly Ajimukti later.

Prastowo nodded his head.

"How, Kang. Already understand?" Ask Wagino.

"Alhamdulillah, Pras. If this is the case, I have no doubt. I was confused too, completely confused. Do I have to be my child's guardian or guardian, because at any time I was married was in a position and indeed because my wife was filled." Sahut Wagino.

"Good then." Prastowo Sahut.

"Indeed, Lek. But luckily Mr. Wagino still wants to find the truth." Ajimukti.

"Well, how else, Mom. I don't want to add to my regrets." Wagino is ashamed.

"Indeed, Sir. The phenomenon of pregnancy outside marriage or the term non-marital in recent years is increasing. Many factors are the cause, one of the main factors is due to the factors of free association that is increasingly prevalent, infidelity, adultery and cases of rape that occur. The impact that arises is certainly not just a violation of the normal limits of Susila, but also the pregnancy that will be experienced by the woman. Likewise, the victim of rape is not only a disgrace that is borne, but the suffering contains a lifetime psychological burden and the loss of several opportunities due to disgrace raped. Of course, this will have an impact that must be borne by the woman itself, namely psychological trauma for victims of rape and pregnancy that is not expected for both cases. And in some cases, the woman prefers to abort her womb than she has to bear the shame both in the presence of her parents and in the presence of the general public, and it is certainly very contrary to religious norms, even very cursed by God. But not a few also choose to maintain the pregnancy even though he did not expect under the pretext that he did not want to kill an innocent fetus and did not want to add more sin to him, he said, the way through aborting the fetus is an inhuman act, because the effort is not based on justifiable reasons according to law, whether Islamic law or state. Such a widespread extramarital pregnancy later gave birth to a legal phenomenon. The question we often hear is no different than the one Mr. Wagino had experienced. How about the status of the child? Because we know he only had a mother and was born without a father. A legitimate child is a child born from a valid marriage. Then, when he grows up, when the child is female, who is entitled to be his guardian when he is married How is the inheritance of an extramarital child? Those questions that need answers later on." Clearly Ajimukti later.

"That's right, Mom." Sahut Wagino.

"Not just single. Even the family does not escape from it. Na'udzubillah." Prastowo Imbuh.

Ajimukti sighed, "Right, Lek. There's been a lot of cases going on, Lek. One of them is like the one Mr. Wagino experienced. Then the others. As the njenengan said, married people do not escape from it."

"Then, Mas. Each case is the same. Emmm, I mean about his guardianship?" Ask Prastowo then.

"Almost the same, Lek. Although there are different." Ajimukti.

"As when a woman fornicates becomes pregnant and the man is not responsible. This is different from the case that Mr. Wagino experienced where Mr. Wagino married his wife first. Based on the agreement of scholars, children born based on the results of non-marital relationships, then the status of the child will be assigned as a mother's child and not assigned to his biological father. His relationship with his biological father was cut off, including legally his heritage. He is only entitled to inherit from his mother and vice versa, his mother is entitled to inherit it. Then who is entitled to be a guardian of marriage when he is married will be a guardian of the judge, because he cannot be assigned to his biological father." Ajimukti continued.

"Then, Mas. Suppose this, for example, there is a pregnant woman and married to another man. That is, that is not impregnating the woman. That's how, Mas?" Ask Prastowo again.

"If it's about such a case, Lek. If a woman has a non-marital relationship and then becomes pregnant and marries another man who does not impregnate her, there is a difference of opinion of scholars in this case, Lek. The first opinion says it is permissible and halal to marry. Madzhab Imam Shafi’i rahimahullah and Imam Abu Hanifah rahimahullah reasoned that the woman was pregnant because the non-marital relationship is not from the results of marriage, even though we already know that according to Shara, the woman is pregnant because the relationship is not marital, do not consider at all children born from non-marital relationships, as described several times. It is therefore lawful for the other man to marry her and to have her live without having to wait for the woman to give birth to her child. However, the imam Abu Hanifah suggested that it should not be spiked until the woman gave birth. Then the second opinion said that it was illegal to marry until the woman gave birth. This is what became the madhhab of Imam Ahmad and Imam Malik . And this second school is stronger than the first and closer to the truth. Then for the status of the child born will be assigned to his mother only, not to the man who adulterates and impregnates his mother and not to the man who married his mother after her mother gave birth. So that who is entitled to become a guardian when the daughter is later married is a guardian of the judge. Then the right of inheritance only arises between the child and the mother." Clearly Ajimukti later.

Prastowo then nodded his head in understanding.

"Then, Mas. Suppose this again. For example, there is a woman who is married but pregnant with another man, in this case not her husband. What about that, Mom?" Ask Prastowo again.

"Well, if it's about that, Lek. If there is a situation where a wife has a relationship with another man, as the word njenengan, in this case not her legal husband, both known and unknown to her husband to cause her to become pregnant. Based on the sahih hadith the history of Imam al-Bukhari number six thousand seven hundred and forty-nine and the Muslims of Aisha Radhiyallahu anhuma in the long hadith mentioned that, the child has the right to a man who has a bed and for those who commit adultery has no right whatsoever to the child. This incident is different from the li`an oath because in this case the husband may not know it, or the husband may know but he is reluctant to hold a li`an oath. So in this case, the status of the child born later is assigned to the rightful husband, not to the cheating man of the wife. So that the right to become the guardian of the daughter's marriage will also be her father, the legal husband of her mother. Then because it is still assigned to his father, the daughter is entitled to inherit from his mother's father and vice versa." Obviously Ajimukti after.

"li'an's oath? That's what, Mas?" Asked Wagino who had chosen to quietly listen.

"The vow is an oath made by husband and wife in the name of God caused by the husband accusing his wife of adultery or not admitting a child conceived or born by his wife as his biological child where the husband does not had witnesses to the charges, while his wife denied them, Lek. Well, usually this happens because the husband is prejudiced or alleges that his wife during her marriage is still ongoing with him has had an affair and committed adultery with other men resulting in pregnancy. Or it could be because the husband really knows that his wife has been cheating and adulterous with other men but he has no evidence or witnesses, the wife denied the allegations that her pregnancy was the result of adultery. So in this case, the husband and wife must carry out the li`an oath, the husband took the oath four times to confirm his accusation and the wife took the oath four times to deny her husband's accusation, followed by both of them to take the fifth oath, if he lies, then the curse of Allah is with them. Furthermore, the husband and wife must be separated for a long time and must not be referred or remarried. Then about the status of the child conceived by the wife. The status of the child born in this condition is entrusted to his mother because the husband takes li`an oath and does not recognize the child as his child. So that the right of inheritance only arises between the mother and the child. Also about the guardian of the marriage of the daughter will be the guardian of the judge, Lek." Continue Ajimukti later.

"Oh, it's the same as my friend Pras." The Whisper of Wagino on Prastowo.

"There's more, Lek. Just as an addition." Say Ajimukti later.

"What is that, Mom?" Ask Prastowo then.

"That, Lek. About the child born from a marriage contract that is facid or batil. Ever heard?" Ask Ajimukti later.

Prastowo momentarily frowned while raising his eyeballs. While Wagino just kept waiting for Ajimukti to explain.

"I've heard that term, Mom. But I don't understand. Please explain, Mom." Said later.

"What is meant by a marriage contract that is facid or batil is a marriage contract that is prohibited by sharia or one of the marriage pillars is not fulfilled so that it causes an invalid marriage contract, Lek. Such as married to a mahram, a consort, a father's wife or child or in-law or with a stepchild whose mother has been raised, a marriage, marriage with more than four women, marriage without a guardian, and marriage without a guardian, and so on." Clearly Ajimukti later.

Prastowo nodded in understanding, "Then how about that, Mas?" Ask later.

"In this case, there are several categories, Lek. As if both, the husband and wife do not know the facid or the bride of the marriage, then the child is still entrusted to the husband so that the husband is entitled to be his guardian and the right of inheritance arises by him. But on the contrary, if both, the husband and wife know the facid or vanity of the marriage, the, so the child is only a mother's child so that the right to be a guardian when the child is married is a guardian and the right of inheritance only arises between the mother and child. Then if only the husband knows the facid or batil of his marriage, then, so the child cannot be entrusted to him so that the child entitled to be the guardian of marriage is the guardian of the judge and the right of inheritance only arises between the mother and child. And vice versa, if only the wife who knows the facade or batil of her marriage, then the child remains entrusted to her husband so that the right to be the guardian of the child's marriage is the husband and the right of inheritance arises by him." Obviously Ajimukti after.

"Complete bulk, Mas." Sahut Wagino.

"It's obvious now, Kang?" Ask Prastowo to Wagino.

"Very clear, Pras." Wagino.

Ajimukti just smiled, "Indeed, Lek. Sometimes problems arise later in life. Just as if the biological father of an outside child married who did not want to be responsible, the, then later he wanted to recognize the child legally and wanted his name to be listed in the birth certificate of the child, so can he apply before a religious court so that his confession can be considered legally valid? It's also now a weird debate, Lek." Ajimukti.

"Really, Mas? How's that?" Ask Prastowo.

"Yes, as we all know, Lek. In this condition, the biological father of the child outside of marriage cannot apply to the religious court, since the child born by it is the child of a non-marital relationship, the child of the child, so that only sent to his mother. Likewise, legally, the child is a mother's child so that in the birth certificate the child can only be listed the name of the mother, although in the future the biological father admitted it. Even if the biological father still tries to submit an application to the religious court, it is likely to be rejected by the religious court. However, based on the fatwa of the Indonesian Ulema Council Number Eleven Year 2012, The government is authorized to impose punishment ta’zir to adulteress men which resulted in the birth of a child by requiring the fulfillment of the child's life needs as well as the provision of property after he died through a mandatory will. So even though legally, the biological father can not get legal recognition that he is the father of the child, he can still give a living to the child and give the inheritance through the obligatory will, Lek." Ajimukti.

Prastowo again just nodded his head trying to understand Ajimukti's explanation to him.

"Different from the case of a child born outside of a legally valid marriage, in this sense, it is the child of a serial marriage or under the hands of a woman and a man, both of whom are not bound by a valid marriage with another woman or man. The biological father can apply for the origin of the child to the religious court to obtain an endorsement of the origin of the child.which can cause legal consequences based on such determination such as relations of nasab, guardianship and inheritance. So that the birth certificate of the child can later be listed the name of his father and mother, Lek." Keep Ajimukti again.

"Yes yes, I understand this very well, Mom. Science bonus." Sahut Prastowo chuckled.

"Then, Mas. One over. Emmm, about the bastard? That's how, Mas?" Ask Prastowo then.

Ajimukti laughed this time.

"There are no illegitimate children, Lek. Don't be fooled by the false hadith that says the child of adultery will not go to heaven. Illicit children are associated with adulterous children. Remember, Lek. All babies are born holy without sin. So the haram is the process, the actions of his parents that led to his existence, not his son." Sahut Ajimukti later.

Prastowo nodded, and so did Wagino.

"We who survive adultery should not fall into the gossip of the adulterous for gossiping is greater than the sin of adultery itself, Lek. Wallahu a’lam bish-shawab."

Seriate...