The Phenomenon of Pregnant Muslim Marriages in Lintau Buo

A marriage where the woman is pregnant due to adultery is considered uncommon and taboo in Muslim society. The pregnancy is always kept secret by the prospective married couple and their families. The pregnant Muslim women marriage rate in Lintau Buo Utara is quite high. This study focuses on the case of pregnant women's marriages, specifically how the Office of Religious Affairs (KUA) officers may learn about the prospective bride's pregnancy and the family's actions after the prospective bride gives birth. The research was carried out in the form of a field study using the socio-legal research method with interviews conducted with relevant parties in this case. The results concluded that the majority of pregnant marriages at KUA Lintau Buo Utara were predominantly experienced by young couples at elementary and junior high education levels. KUA officials could discover about the future bride's pregnancy by observing the attitude of the prospective partner or their families during the registration process, the answers of the partner throughout the interview session, and the results of the examination done by the Public Health Center staff. The family's stance towards the pregnant woman's marriage is that the couple will hold a remarriage after the bride gives birth. The new findings in this study are related to the way KUA officers reveal the state of the prospective bride's pregnancy, which was originally kept secret. This is very important to be applicable to KUA officers in other areas.


INTRODUCTION
Pregnancy outside of marriage happens when a woman has sexual intercourse with a man who is not her legal spouse. Intimate connections between unmarried couples are clearly referred to as adultery. Adultery is strongly prohibited in Islamic law, especially for Muslims, as it is considered a major sin, and it is stated through consensus (al-Ijma') among Muslim scholars.
In Islamic jurisprudence's books, it is included in the topic of "Kitab al-Hudud" (maximum punishment), and the punishment for someone committed Zina is considered as ijma' (Ibn al-Munzhir, 1999). According to al-Shatibi in his book; al-Muwafaqat, there is no religion that permits adultery because the protection of lineage (hifz nasl) is considered the objective of all religions (al-millah) (Al-Shāṭibī, 2006). This prohibition is mentioned clearly in many verses in al-Qur'an; al-Furqan: 68-70, al-Isra': 32 and also in hadith narrated by Abdulla ibn Mas'ud, mentioned that Zina is considered as akbar al-kaba'ir (the greatest sin) after the shirk and murder (Al-Zahabi, 2001). Those evidence respect to binding transmission (qat'ī al-thubut) in which the source is qat'i (definitive), and the meaning (al-dilalah) is also definite text. Therefore, there is no contradiction among Muslim scholars that zina is prohibited and thus, it becomes ijma'.
Muslim scholars have discussed about the rule of nikah al-zaniah (marriage with a woman that committed adultery). Some scholars provide the conditions that the woman must have repented (taubah) from adultery sin and the majority of madhab scholars don't make it a condition (Ministry of Religion Affairs, 1983).
But according to Abdul Karim Zaidan's view, the stronger opinion is the Hanbali school of thought in which states that there must be repentance (taubah) before marriage (Zaidan, 1993). Thus, based on sadd al-dhara'i this opinion is the good option.
In relation to the rule of the marriage status of a pregnant woman, if the pregnancy is from legal marriage, then all agreed that it is not permissible to hold the marriage, while for the pregnancy in talaq ba'in bainunah al-kubra (major irrevocable), the woman is not allowed to marry until the baby is born (Ministry of Religion Affairs, 1983).
Next, this paper will study the case discussed in which the rule of marriage where the woman is pregnant due to adultery (adolescent pregnancy). There are several opinions in al-madhahib al-arba'ah (the four Sunni schools); according to al-Madhhab al-Maliki, al-Madhhab al-Hanbali and based on Abu Yusuf's opinion, marriage is prohibited based on the hadith narrated by Aishah RA in Sunan Abi Dawud: "Lā tūṭa' al-ḥāmil ḥattā taḍa'" (There must be no intercourse with a pregnant woman till she gives birth) (Ibn Abidin, 2003); (Al-Hattab, 2003); Al-Buhuti, 1983). According to Madhab al-Hanafi and al-Shafi'i, it is allowed for women to marry as they argued that the prohibition is related to pregnant women in nikah sahih (legal marriage), and the pregnancy due to Zina is not included in the al-Qur'an and the Sunnah. (Al-Kasani, 1993); (Ibn Abidin, 2003), (al-Bajuri, 2016).
In terms of customary provisions, adultery is also prohibited by Indonesian customary norms (Siregar & Sianturi, 2020). The customary law in most places prohibits people from committing adultery, particularly in societies with eastern communities, such as the Minangkabau people. The customary philosophy of Minangkabau is Adat Basandi Syara', Syara' Basandi Kitabullah. This philosophy emphasizes that its customs are based on religious provisions, and the religious provisions are based on the Qur'an (Abidin, 2019). In short, cases of the marriage of pregnant woman in several areas of Minangkabau is because of the community's incapacity to appropriately apply sanctions of customs despite the fact that they reject and condemn the offenders of marriages of a pregnant woman due to adultery, as happened in Pantai Cermin (Azwar & Elfia, 2021).
Research related to this discussion is found in several articles, including 1) Tsubaidah, who conducted library research on the views of the five schools of jurisprudence scholars regarding the law of marriage for pregnant women (Tsuaibah, 2017); 2) Yustika examined the opinion of the KUA regarding There are numerous occurrences of marrying pregnant women within the community of Lintau Buo Utara, which is an intriguing topic to study. This is because of the fact that Lintau Buo Utara is part of the Luhak Nan Tuo/Luhak Tanah Datar. That is the original area of the Minangkabau people, which is well-known for sustaining religious teachings and customary provisions. The philosophy of Minangkabau illustrates the strength of religious teachings in society. Therefore, how the phenomena of the marriage of pregnant women occur within the community of Lintau Buo Utara is explored in this article, such as the profile of the prospective bride and groom who get married at KUA Lintau Buo Utara and how KUA officers dig up information so they can find out about the prospective bride's pregnancy. Furthermore, it also discusses the families' reaction and efforts toward the marriage, such as deciding whether to hold a remarriage or not after the fetus conceived prior to marriage was born.

RESEARCH METHOD
This research is categorized as legal research with a social nature (sociolegal research) where the phenomena and law within the society are examined.
This study is legal research that uses the method of normative or doctrinal legal research. However, because the main topic of this study discusses social phenomena that arise as a result of normative law, thus, this study method is more aptly known as socio-legal research. It solely views the law as a social phenomenon. Therefore, in socio-legal research, law is always associated with social issues. Such studies are research that focuses on individual or community behavior in relation to the law. This is a qualitative study in which utilizing primary data collected directly from the field (Putri, M., & Shafra, 2021).
Hence, the main topic in this social research is about the causes and views of the community regarding legal deviations that occur in society, compliance with the rule of law, the role of legal institutions or agencies in law enforcement, implementation of the rule of law, and the influence of the rule of law on certain social matters or vice versa and the influence of certain social problems on the rule of law (Marzuki, 2007) as well as those proposed by Soerjono Soekanto (Soekanto & Abdurrahman, 2003). This article explains the details phenomenon of the cases of the marriage of pregnant women at Lintau Buo, Tanah Datar as to learn why marriages involving pregnant women are so common in this area in which it strongly adheres to its traditions and customs, Adat Basandi Syara', Syara' Basandi Kitabullah. Although the trend seems to decrease to one case in 2016, in 2017, it increased drastically to 6 cases. Likewise, in 2018, the cases reached 4 cases. This data is a recapitulation of the cases found at KUA Lintau Buo Utara.

Lintau Buo Utara
The profile of the prospective husbands is grouped according to their age range is shown in the following table:

Marriages of Pregnant Woman at KUA Lintau Buo Utara
Pregnancy outside of marriage is considered disgraceful and a humiliation if it occurs to a lady or a family. As a result, every person or family will want to conceal it and avoid being discovered by others. This is also what Zainal Azwar discovered, that the event of a marriage involving a pregnant lady because of adultery was a very embarrassing incident that affected the family's reputation (Azwar & Elfia, 2021). The ideal time to arrange a wedding is a minimum of 10 days. But in some circumstances, the marriage plan is expedited as some of the couples and families want the marriage contract to be signed as soon as possible, which is in 3-4 days. As a result, if a KUA officer discovers a case related to this matter, they will strive to be more careful in investigating it and they will become suspicious that they will analyze it further and make more thorough efforts. During the inspection or screening of the prospective bride and groom, the KUA officer would then ask the couple and their families further in-depth questions (Erisman, Personal Communications, September 5, 2019).

Examination Data from the Public Health Center
A health certificate from the Puskesmas is one of the requirements for marriage registration at KUA Lintau Buo Utara. Therefore, the results of the examination from the doctor were used as a reference by the KUA officers in carrying out the marriage administration process. Among the examination data that piqued the officers' interest were the results of urine tests as evidence to determine whether the prospective bride is actually pregnant or not. If the urine test results show positive pregnancy, the KUA officer will perform a double check and provide special treatment for the couple's second inspection (Erisman, Personal Communications, September 5, 2019).

Inquiries regarding the duration of the couple's relationship
One of the queries posed to the couple was how long they had known each other and how long they had been dating. If it is discovered that the couple has been dating for a long period, they will be questioned about where they have been and what they have done. The KUA officer can typically identify whether the couple is lying or being truthful in their responses. This is done by KUA officers with their own tricks and methods in accordance with the experience that has been undertaken in handling many cases of marriage involving pregnant women (Erisman, Personal Communications, September 5, 2019).
If the KUA officer finds that the prospective bride is pregnant prior to marriage, the couple will then be given special treatment. This treatment is carried out to prevent the couple from making a poor choice in the future.
Among the special treatment provided to the couple are; 1) Separating the couple from other prospective brides and grooms who are going through the typical marriage procedure; 2) Provide different screening materials from the other prospective brides and grooms; 3) Remind the couple, in particular, not to act wrongly in regards to the child being born, including by saying that if the child is a girl, then the marriage guardian of the girl is a judge, not the biological father or the siblings. However, if it is a boy, then he cannot be the marriage guardian of the sister (Erisman, Personal Communications, September 5, 2019).
The cases that occurred at KUA Lintau Buo Utara involved the couple of the pregnant woman and man who impregnated the woman to be married with each other (Zulfahmi, Personal Communications, November 3, 2019). This is allowed in the view of most Fiqh scholars (Fauzi, 2021), as well as the provisions of Article 53 of the Compilation of Islamic Law (KHI) where a marriage between the pregnant women and men who impregnate them is allowed .
However, it is different if it is compared with the case that occurred in Kediri, pregnant women were married to men who did not impregnate them (Fakhria, 2020).
Other than that, there are cases concerning lottery marriage involving pregnant women that occurred in Parang, Magetan. In this case, the man who will marry the pregnant woman is randomly chosen as the woman have sexual relationship without the man wanted to be responsible of the consequences (Eri Sofiana, 2020).
If it is related to Fatimah's writings which suggests four categories of implementing pregnant women marriages, namely 1) tambelan marriages; 2) forced marriages; 3) emergency marriages; and 4) ngangkat bapak marriages (Fatimah, 2021); then the cases of marriage of pregnant women that occurred in Lintau Buo Utara is not included in any of the four categories of pregnant marriages. Although it is somewhat closer to the first category, namely tambelan marriage (a forced marriage due to pregnancy with the man who made her pregnant), but in this case in Lintau Buo Utara, most of the marriages that occur are not forced due to pregnancy. This is because in some cases, the family does not know that the prospective bride is pregnant.
According to several locals of Lintau Buo Utara, it is said that the process that will be taken by the family after the marriage is to reapply for a new marriage contract after the child is born (Asmawati, Personal Communications, September 7, 2019). Although this action is different from the direction given by the head of the KUA, which explains that the marriage contract of a pregnant woman does not need to be renewed as stipulated in the KHI. However, in certain circumstances, some of the cases resulted in the couple deciding to renew their marriage contract after the child is born. Almost all of the informants and community members interviewed agreed on this point.
The findings of this study are that the haste of the family and the bride and groom in arranging the wedding process is the beginning of suspicion, whether the prospective bride is pregnant or not, then KUA officers are more intensive in uncovering the prospective bride's pregnancy, including by looking at the results of the medical team's examination. This is different from Yustika's research which stated that judges only marry off brides who are pregnant due to adultery, as long as the marriage is with the man who impregnated her (Yustika, 2014). The case is different from Samano's research regarding the pregnancies of Mexican City teenage girls who don't get married right away (Sámano et al., 2017).

CONCLUSION
Most marriages involving pregnant women in Lintau Buo Utara are experienced by couples within the age range of 21 and below. In terms of education, most of the prospective grooms are in elementary school, while the brides are in junior high school. The KUA officer only found out about the pregnant state of the prospective bride after seeing the attitude and behavior of the prospective bride and groom, and their families who applied for marriage. In addition, the pregnancy is also known from the answers given by the prospective bride and groom interviewed by officers, and sometimes from information based on the results of examinations done by the Puskesmas officers. The families' efforts for the couple who are married while the bride is pregnant are to arrange a remarriage after the child is born without the involvement of the marriage registrar. Several research findings were discovered as a result of this study's conclusions, especially related to the methods used by the officers in finding out the information to make sure they can ascertain the pregnancy status before applying a special treatment to the couple. This method can be used by KUA officers in other places that anticipate the arrival of a couple with a pregnant bride who does not inform the officials. This topic still has room to be investigated as future research on the matter of the procedure of remarriage after the child is born.
As the resolution of this paper, it is hoped that the government, in this case, the Ministry of Religion, the Ministry of Education, the Ministry of Social Affairs and the Ministry of Youth, the Ministry of Women's Empowerment and Islamic NGOs are expected to give serious attention to save and protect the generations. The preachers must focus on fixing the community regarding the dangers of adultery and its consequences. In addition, there must be laws that are enforced and punishments implemented if violations occurred.