A dispute among the scholars regarding the legitimacy of the marriage of a woman who is pregnant due to adultery: The scholars Maliki, Hambali and Abu Yusuf of the Hanafi madhhab not allow her marriage before she gave birth, not by man ang menzinahinya or not also with other men, based on word of the Messenger of Allah, "A woman who is pregnant should not be clocked so that she gave birth .." (Narrated by Abu Daud) and as a history of Said al Musayyib that a man has married a woman and when it is known that the woman was pregnant and diberitahukanlah this to the Prophet peace be upon him so he had to separate them both. "(Narrated by al-Bayhaqi). While the Shafi'i and Hanafi scholars allow her marriage due to not terkukuhkannya nasab, based on the Prophet, "The boy was to have a bed for those who commit adultery do not have anything." (Narrated by Abu Jama except David). Markaz al-Fatwa in his fatwa after the above-mentioned differences in the scholars say that as for children of the marriage-then dinasabkan to her mother and her family with the correct sar'iy penasaban kemahraman confirming that continues to be syar'i guardianship, and inheritance ashobah and any other kind of laws of a child because in essence he is a child from her (her mother, who conceived it) and there is no dispute in this case. The penasaban a child to his father who committed adultery and menisbatkannya him then allowed by Ishaq bin Rohuyah, 'Urwah, Sulayman ibn Yasar, and Abu Hanifa. Abu Hanifah said, "I do not see a problem if a man who committed adultery with a woman and her pregnant and then he married her and cover her shame and ang child is a child born from her (him)." Markaz al Fatwa jumhur prefer the opinion of scientists who claim that if a man married to a pregnant woman because of adultery dinasabkan the children born to a mother and her mother's family. The husband is the caretaker for the child. (Markaz al Fatwa No. 6045) As for the opinion that if the biological father and mother who have been pregnant this later married. If after marriage, the mother is still undergoing pregnancy for 6 months or more until birth, then the child can follow his father's lineage and could be a guardian illegitimate. but if the mother through pregnancy is less than 6 months until the time of his birth, then the child can only follow the mother's lineage .. This statement can be found in "al-Fataawa al Hindiah" in Fiqh Hanafiyah which states: if a man committed adultery with a woman and she became pregnant and then he married her and bear it if she was pregnant for 6 months or more then nasab boy terkokohkan and if she was pregnant for less than 6 months then nasab terkokohkan unless the child is not only limited to his confession, that this boy is his son-as long as he does not say, "Behold the child of adultery." As if he said, "Verily he is from me of adultery. "So nasabnya not terkokohkan and he does not bequeath his property." ... The strongest opinion is that adultery is not terkokohkan nasabnya child of a man marrying a woman adulterer both himself and the woman who dizinahinya contain child less than six months from the time of marriage ceremony or not marrying her and then her birth. However, if the child was ascribed to him by his confession and he did not say that the boy from the results of the nasabnya terkokohkan adultery laws in the world. Similarly, if the man marries a woman who dizinahinya and she conceived a child of the adultery and gave birth to a child in a period less than a minimum of a pregnancy while they were silent or admit it and do not say that he was one of the adultery then nasabnya terkokohkan in-law legal world. "(Fataawa al-Islam wa Answer Shual I juz 591 p.) By taking the opinion of jumhur expert knowledge that a child of adultery is not dinasabkan except to his mother and when these bastard wants to get married someday it would not be diwalikan by a father who committed adultery with her mother but the ward conducted by the ruler or judge. Because judges are the guardians for people who do not have a guardian, as the words of the Messenger of Allah, "the Lord is the guardian for people who have no guardian." (Narrated by Ahmad and Abu Daud) And if a natural child by the father married his mother menzinahi the marriage is doing is canceled so that the second pair should be separated. As for how the separation between the two is by the husband dropped talaq (divorce) to it if it dirina willing to do it yourself but if he does not want to do it yourself then the separation was carried out by the judge. As affirmed by Ibn Qudama that if a woman married to a broken marriage (void) it is not allowed himself denikahkan with other people who have been married so that people who marry divorced or separated were married. If her husband did not want to divorce her then hakimlah that should separate marriage, and these texts of Ahmad. (Al Mughni juz IX p. 125) After her husband to divorce his wife or both are separated by the judge and the man wanted to marry her back then let the new contract with diwalikan by the ruler or judge, which in this case is the KUA.
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