KEPUTUSAN MENIKAH DENGAN PILIHAN TANPA MEMILIKI ANAK (CHILDFREE) DALAM PERSPEKTIF HUKUM ISLAM

Abstract

Marriage is the union of two individuals, a man and a woman, in a strong bond to follow the Islamic Shariah commanded by Allah Subhanahu Wa Ta'ala and to follow the natural order, and whoever does so, it is considered an act of worship. In a valid marriage according to Islamic law and civil law, it will result in offspring and a good succession. One of the purposes of marriage is also to have and sustain offspring, in contrast to the concept of being childfree. This research analyzes the phenomenon of childfree marriage. Essentially, the purpose of marriage in Islam is to have legitimate offspring. As stated in Article 10 of Law Number 39 of 1999, "everyone has the right to form a family and continue offspring through valid marriage." The main issue in this thesis is regarding the legality of childfree marriage from the perspective of Islamic law and the views of scholars of different schools of thought on childfree marriage. This research uses a qualitative method with a Normative legal research approach. This study is descriptive with data collection techniques through literature studies and relevant references. The results of this research show that in verses such as QS. Āli-Imrān [3]: 14, QS. Ali ‘Imran [3]: 38-39, QS. Al-Rūm [30]: 21, QS. Al-Nisā’ [4]: 1, QS. Al-Nahl [16]: 72, and QS. Al-Syūrā [42]: 11 along with hadiths, the purpose of marriage is to have offspring. From the perspectives of scholars of different schools of thought, permanent sterilization is originally considered forbidden unless there is a compelling reason (hifzh al-nafs). Couples who agree to choose to be childfree through sterilization are considered forbidden unless there is a dire necessity. However, if there is a justified reason, then it is permissible.