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All Journal Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam
Ahmad, Daryl Aufaa Dhorif
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Childfree Phenomenon in Marriage: A Comparative Study of Masdar Farid Mas’udi’s Perspective and Classical Fiqh Ahmad, Daryl Aufaa Dhorif; Wafi, Abdul
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 6 No. 2 (2026): December
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v6i2.3349

Abstract

The phenomenon of childlessness in marriage has emerged as a significant contemporary issue in Islamic family law, particularly with regard to the purpose of marriage, reproductive rights, and the relationship between husband and wife. This study examines the phenomenon of childlessness through a comparative analysis of Masdar Farid Mas’udi’s progressive Islamic legal thought and classical fiqh. This study uses normative legal research with a conceptual and comparative approach, complemented by Islamic legal hermeneutics. The primary legal material consists of Mas’udi’s writings, while the secondary material includes books, scientific articles, and studies on Islamic family law and reproductive rights. The data are analyzed through descriptive-analytical and comparative methods. The study finds that Mas’udi’s thinking provides a contextual framework for understanding the marital relationship grounded in equality, shared responsibility, and deliberation. Compared to classical fiqh, which generally emphasizes procreation as one of the primary goals of marriage, Mas’udi’s approach provides greater room to consider individual circumstances and maṣlaḥah. Thus, a childless decision can be considered legally and ethically acceptable if it is based on mutual agreement, does not harm either spouse, and is consistent with the broader goals of Islamic law. This study contributes to contemporary Islamic family law discourse by showing how progressive Islamic legal thought can be involved in changing the practice of marriage without abandoning the basic principles of maqasid al-sharia.
Co-Authors Abdul Wafi, Abdul