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All Journal DE JURE SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Aprilyanti, Melinda
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Childfree, the Digital Era, and Islamic Law: Views of Nahdlatul Ulama, Muhammadiyah, and Gender Activists in Malang, Indonesia Zuhriah, Erfaniah; Rahmawati, Erik Sabti; Aprilyanti, Melinda; Chaidaroh, Umi; Ch, Mufidah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.17753

Abstract

Childfree is a life choice not to have children after or before marriage, whether biological children, stepchildren, or adopted children. This article discusses how childfree is influenced by the digital era and what the perspective of Islamic law is according to the views of ulama and gender activists in Malang, East Java. This empirical legal study used legal sociology and maqāṣid al-sharī’ah approaches. Data were collected by means of in-depth interviews and a literature review. Findings showed that child-free development in Indonesia has been influenced by the digital era through online media, which quickly spread and made it easier for people from various countries to interact and share information. One of the objectives of Islamic law (maqāṣid al-sharī'ah) is to maintain offspring (hifz al-nasl) through marriage. According to the ulama, being childfree is contrary to Islamic law and the nature of humanity. According to the Nahdlatul Ulama, Muhammadiyah, and gender activists, the laws on childfree can be summed up in two ways: haram and mubah. Childfree is haram (unlawful) because it is contrary to maqāṣid al-sharī’ah, i.e., preserving offspring, as it is also the goal of marriage. Childfree is mubah (allowed) if there are reasons that are condoned by the sharia, e.g., health problems, physical limitations, and psychological conditions that prevent the wife from having children. Sociologically, the government and all related parties need to provide education to the public so that the meaning of childfree can be understood properly and correctly.
The Strategy of the Islamic Welfare Organization Malaysia (PERKIM) in Managing Mualaf Family Conflicts in Malaysia Jamilah, Jamilah; Mohd Yusof, Sellyianasari Binti; Rahmawati, Erik Sabti; Aprilyanti, Melinda
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.17383

Abstract

The problems faced by the families of mualaf in Malaysia require serious handling and management by looking at the increasing number of mualaf every year. The National Board that has the responsibility to deal with this problem is the Council or State Department of Islamic Religion. Other non-governmental institutions are also involved in handling the problems of mualaf families such as The Islamic Welfare Organization Malaysia/ Pertubuhan Kebajikan Islam Malaysia (PERKIM) and Urusetia Saudara Kita (USK). This research will analyze the strategy of a governmental or non-governmental organization—the Islamic Welfare Organization Malaysia (PERKIM) in dealing with and managing the problems of converted families. This research is qualitative–empirical with a juridical-sociological approach. Primary data were collected from interviews with respondents located in Selampit Village, Malaysia. The results show that the PERKIM organization helps mualaf families in managing the conflicts they experience through cognitive empowerment strategies in handling and managing problems. Islamic preachers from PERKIM changed the speculations of mualaf parents who considered Islam immoral and troublesome religion by conveying da'wah bil-hikmah and da'wah fardiah through house-to-house visits and providing food, protection, education, financial and moral support. It can be concluded that the role of PERKIM in overcoming this conflict is good but not optimal, as can be seen from the activities, programs and policies in resolving the conflict.
Co-Authors Erfaniah Zuhriah Erik Sabti Rahmawati Jamilah Jamilah Mohd Yusof, Sellyianasari Binti Mufidah Ch Umi Chaidaroh