ANALISIS HUKUM ISLAM TERHADAP STATUS NASAB ANAK AKIBAT MARRIED BY ACCIDENT DALAM FILM DUA GARIS BIRU

Nufus, Hayatun (2025) ANALISIS HUKUM ISLAM TERHADAP STATUS NASAB ANAK AKIBAT MARRIED BY ACCIDENT DALAM FILM DUA GARIS BIRU. Sarjana (S1) thesis, Universitas Islam 45.

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Abstract

This study aims to analyze how Islamic law views the concept of "married by accident" as portrayed in the film Dua Garis Biru. The analysis focuses on understanding the Islamic legal perspective regarding the lineage status of children and the implications for the child’s legal standing resulting from such a situation. This research employs a library research method and uses a qualitative approach. The findings of this study show that marriages conducted due to premarital pregnancy give rise to complex issues, particularly in determining the lineage (nasab) of the child. In Islamic law, lineage is a fundamental aspect related to a child's civil rights, such as inheritance, guardianship, and financial support. The majority of Islamic scholars argue that a child born out of an unlawful relationship (outside of a valid marriage) does not have a legal nasab relationship with the biological father, except when the marriage takes place before conception or the child is born six months or more after the marriage contract (nikah). In the context of the film Dua Garis Biru, the characters Dara and Bima get married after discovering the pregnancy. However, the child born from this marriage still faces uncertainty regarding lineage status from the perspective of Islamic law, as the gestational age prior to marriage does not meet the minimum requirement to establish nasab with the biological father. This indicates the importance of understanding Islamic law, because even though Indonesia’s positive law—through the Compilation of Islamic Law (Kompilasi Hukum Islam or KHI)—permits a pregnant woman to marry the man who impregnated her without waiting for the birth of the child, the child’s status must still be examined through a deeper fiqh (Islamic jurisprudence) approach to prevent any injustice toward the rights of the child. Keywords: lineage, married by accident, Islamic law, two blue lines, illegitimate children

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