Al-Istinbath: Jurnal Hukum Islam
Vol 10 No 1 (2025)

Understanding The Rise of Childfree Marriage: Avoiding Toxic Family, Being Happy and Well Without Children Despite Contradiction With Maqashid al-Sharia

Harahap, Ikhwanuddin (Unknown)
Siregar, Fatahuddin Aziz (Unknown)
Hariyanto, Erie (Unknown)



Article Info

Publish Date
30 Apr 2025

Abstract

This research aims to understand the phenomenon of increasing childfree marriage as a contemporary social construction and analyze it from the perspective of maqashid al-sharia, especially related to the principle of progeny preservation in Islam. This study uses a descriptive qualitative approach with a field research method. Primary data was obtained through in-depth interviews with two married couples (four informants), each of whom committed to a child-free marriage. The data were analyzed thematically with an eminic and ethical approach, as well as interpretive-descriptive. Research has found that couples' decisions to marry without having children are based on a desire to achieve happiness and well-being throughout their life with their partner, as well as avoiding the creation of a toxic family. These internal factors are reinforced by external factors such as education, economy, and career. Research has also found that wives play a key role in these decisions regarding reproductive rights. From the perspective of Islamic law, although there is no explicit text prohibiting childfree marriage, maqashid al-sharia still emphasizes the importance of the sustainability of offspring. The childfree decision is a conscious choice of a married couple to pursue happiness and well-being without the presence of children, on the grounds of avoiding the potential for toxic families. In the Islamic view, childfree marriage falls within the territory of ijtihadiyyah which requires a legal approach based on maqashid al-sharia and 'illat analysis. Although this phenomenon is socially acceptable, normatively Islam still prioritizes the importance of offspring as part of the purpose of sharia.

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Journal Info

Abbrev

alistinbath

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific ...