AT-TURAS: Jurnal Studi Keislaman
Vol 10, No 2 (2023)

Childfree Marriage with Regards to Islamic Jurisprudence Principles

Nugroho, Rahmat (Unknown)
Nafila, Radifa Isnain (Unknown)
Saiban, Kasuwi (Unknown)



Article Info

Publish Date
30 Dec 2023

Abstract

Procreation has been considered the noblest purpose of marriage as it ensures the continuation of human existence on Earth. However, a new trend has emerged among young couples known as “childfree”, where individuals or couples consciously choose not to have children after marriage. This research aims to examine this phenomenon. What is the status of marriage with the condition of being childfree? And how valid is such a contract according to the principles of Islamic jurisprudence (Fiqh)? To achieve these objectives, the researcher employed a qualitative descriptive methodology, using literature review as the primary data collection method, focusing on relevant sources related to the topic. The findings of this study indicate that the condition of being childfree in marriage contradicts the objectives of Islamic law, which emphasize procreation and the preservation of lineage. Making a deliberate decision not to have children without any legitimate reason or physical limitations constitutes an act that exceeds the boundaries set by religious teachings. Moreover, it is considered impermissible to prohibit what Allah has made permissible, which includes having children and preserving lineage. As the condition is invalid, the parties involved in the marriage contract are not obligated to fulfill this requirement, and the marriage contract remains valid.

Copyrights © 2023






Journal Info

Abbrev

at-turas

Publisher

Subject

Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Two decades or more, in the global scheme, Islamic studies have been enforced to take broader paradigms from dogmatic-theology to popular-religious. Islamic studies is not merely discussing on sacred corpus only, but everyday life of Islam also. In academic space, this field has increasingly been an ...