The Childfree Phenomenon in the Perspective of Islamic Family Law and Maqasid Al-Shari'ah in Indonesia

Fenomena Childfree dalam Perspektif Hukum Keluarga Islam dan Maqasid al-Syari’ah di Indonesia

Abstract

The childfree phenomenon a deliberate and permanent choice to remain without biological children has gained increasing visibility in Indonesian society, posing complex legal and theological questions within the framework of Islamic family law. This article examines the childfree phenomenon from the dual perspectives of Islamic family law as codified in Indonesian legislation and the classical doctrine of maqasid al-shari’ah (the higher objectives of Islamic law). Employing a qualitative normative-juridical methodology, the study analyzes primary legal texts, classical juristic opinions, and contemporary scholarly discourse. The findings reveal that childfree choices stand in fundamental tension with the maqasid objective of hifz al-nasl (preservation of lineage and progeny), which Islamic scholars consider essential to human flourishing. While Indonesian positive law does not explicitly criminalise the choice to remain childless, Islamic jurisprudence classifies deliberate permanent childlessness as contrary to the spirit of marriage as enshrined in the Compilation of Islamic Law. The article concludes that nuanced, context-sensitive ijtihad is necessary to address emerging social phenomena without abandoning core Islamic values regarding family and procreation.