EN.MUHAMMADIYAH.OR.ID, YOGYAKARTA — Rohmansyah, a member of Muhammadiyah Central Board’s Tabligh Council, has outlined the Islamic perspective on marrying a woman who becomes pregnant outside marraige.
Speaking on the Harmoni Keluarga podcast on Friday (5/6), he said the issue remains common in society and requires both legal clarity and compassionate solutions.
Differing Views in Islamic Jurisprudence
According to Rohmansyah, families often seek marriage as a way to address social stigma. They also want to protect the future of the child. However, he stressed that the matter should not be viewed solely through a social lens.
Instead, it must be understood within the framework of Islamic law and national regulations.
He explained that classical Islamic scholars hold differing opinions on the issue. Some maintain that a pregnant woman should not marry until after giving birth. Others allow the marriage to take place before the child is born.
“This situation occurs frequently in society. Therefore, it must be approached carefully so that any solution does not create new problems.”
Muhammadiyah and Indonesian Legal Perspective
Rohmansyah noted that Indonesia’s Compilation of Islamic Law permits a woman who becomes pregnant outside marriage to marry the man responsible for the pregnancy without waiting for childbirth.
This position differs from some classical juristic opinions that require the child to be born before a marriage contract can be concluded.
He added that Muhammadiyah’s Council for Religious Opinion and Reform allows a pregnant woman to marry either the biological father of the child or another man willing to marry her.
According to Rohmansyah, this approach seeks broader social benefit while remaining within the principle of Islamic law.
Protecting the Rights of the Child
Beyond the issue of marriage, Rohmansyah addressed questions concerning a child’s lineage and the responsibilities of the biological father.
He emphasized that a child bears no responsibility for the actions of his or her parents.
“A child is not at fault,” he said. “The wrongdoing belongs to the parents. Therefore, the child’s rights must be protected and fulfilled.”
He explained that Islamic jurisprudence contains detailed discussions regarding lineage, including considerations related to pregnancy duration and the timing of marriage.
However, regardless of legal debates surrounding lineage, the biological father retains moral and financial responsibilities toward the child.
These obligations include providing financial support, education, food, clothing, and housing.
According to Rohmansyah, such responsibilities cannot be neglected because of legal disputes over lineage status.
Prevention through Education
Rohmansyah also urged society to treat cases of pregnancy outside marriage as a reminder of the importance of religious education, family guidance, and moral development among young people.
He argued that stronger preventive efforts can help reduce similar cases in the future.
In closing, he encouraged communities to address these situations wisely, pursue solutions consistent with Islamic teachings, and prioritize the welfare and future of the child.
He stressed that while legal questions may arise, the rights and well-being of children must remain a central concern.
