JUSTICES: Journal of Law
Vol. 5 No. 3 (2026)

Review of Munakahat Fiqh on the Childfree Phenomenon in Modern Households

Ahmad Zulriantoni (Program Studi Hukum Keluarga Islam UIN Sultan Syarif Kasim Riau)
Ardi Himawan Atmaja (Program Studi Hukum Keluarga Islam UIN Sultan Syarif Kasim Riau)
Irfan Abdurahman (Program Studi Hukum Keluarga Islam STAI Pelabuhan Ratu)
Bahrul Ilmi (Program Studi Hukum Keluarga Islam STAI Pelabuhan Ratu)
Nani Kuswiantini (Program Studi Hukum Keluarga Islam STAI Pelabuhan Ratu)



Article Info

Publish Date
10 Sep 2026

Abstract

The childfree phenomenon a conscious choice by married couples to permanently remain childless is increasingly growing among urban Muslim societies in Indonesia. This study aims to map the sociological dynamics of childfree, analyze the position of the right to reproduce (haqq al-injab) within Fiqh Munakahat, and formulate an Islamic law and Maqashid Shariah review of this phenomenon. This research employs a normative-juridical method with socio-legal and doctrinal approaches. The findings reveal that childfree choices among urban Muslim families are driven by a complex integration of financial anxiety, psychological parenting trauma, career orientation, and individual autonomy. In Fiqh Munakahat, haqq al-injab is constructed as a joint right between husband and wife that cannot be unilaterally waived. Temporary birth control (tanzhim an-nasl) for the well-being of family development is categorized as mubah. Conversely, a permanent childfree commitment without urgent medical indications is deemed makruh tahrim to haraam. This decision contradicts the principle of hifzh an-nasl (preservation of offspring) as a primary necessity and undermines the primary wisdom of marriage as a sacred covenant. However, if pregnancy medically threatens the mother's life, the principle of hifzh an-nafs overrides hifzh an-nasl based on the legal maxim ad-dharuratu tubihu al-mahzhurat, making the decision to avoid pregnancy permissible. This study recommends comprehensive premarital education to align reproductive perceptions among modern Muslim couples.

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Journal Info

Abbrev

i

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

JUSTICES: Journal of Law is a peer-reviewed journal published by Perkumpulan Dosen Fakultas Agama Islam Indramayu. The journal is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of lawin both theory and practice. In particular, papers ...