CHILD FREE PERSPEKTIF HUKUM ISLAM. Live Tesis Mahasiswa Pascasarjana UIN Mataram

Summary

The discussion explores the concept of 'Child Free' from an Islamic legal perspective, analyzing the permissibility of voluntary childlessness after marriage. The speaker examines Islamic jurisprudence, referencing the Qur'an, Hadith, Ijma', and Qiyas to assess the stance on this issue. While there is no direct prohibition in classical texts, modern interpretations allow for personal choice, provided it does not harm societal welfare. The conversation also highlights the importance of Maqasid al-Shariah (objectives of Islamic law) and the societal implications of childlessness, noting that it can be viewed as a personal decision with complex social, economic, and ethical considerations.

Takeaways

• 😀 The topic of 'Child Free' in marriage is gaining attention, especially in countries like Japan, where having children is sometimes seen as a burden.
• 😀 'Child Free' refers to couples who consciously choose not to have children after marriage.
• 😀 Islamic law does not explicitly address the issue of 'Child Free,' but the Qur'an acknowledges children as both a blessing and a potential challenge.
• 😀 In Hadith, having children is encouraged, but it is not an absolute obligation, with children being considered a source of pride for the Prophet Muhammad (PBUH).
• 😀 There is no consensus (Ijma) among scholars regarding the permissibility of choosing not to have children, indicating a lack of formal jurisprudential agreement.
• 😀 The concept of Qiyas (analogy) compares 'Child Free' with *Azl* (coitus interruptus), suggesting that if *Azl* is allowed, 'Child Free' could also be permissible.
• 😀 Maqasid Shariah (Objectives of Islamic Law) aims to protect family and lineage (Hifz al-Nasl), but procreation is becoming less of a strict obligation due to changing societal contexts.
• 😀 Projections about overpopulation and economic challenges have shifted the view of procreation from a necessity (Daruriah) to a more flexible and social (Tahsiniah) objective.
• 😀 Al-Azhar University’s fatwa permits 'Child Free' as a private decision for couples but discourages public advocacy for the concept as a societal norm.
• 😀 The distinction between 'Child Free' and permanent sterilization methods like vasectomy or tubectomy is crucial, as permanent sterilization is prohibited in Islam.
• 😀 Ethical considerations, personal well-being, and societal impacts are important factors when making decisions about family planning in Islam.

Q & A

What is the primary topic of the discussion in the script?

The primary topic of the discussion is the concept of 'Child Free' in the context of Islamic law, focusing on whether couples can choose not to have children after marriage and how Islamic jurisprudence responds to this lifestyle choice.

How is the term 'Child Free' defined in the script?

'Child Free' refers to a decision made by a married couple not to have children. The discussion explores the implications of this choice in Islamic law.

What are the four primary sources of Islamic law discussed in relation to 'Child Free'?

The four primary sources of Islamic law discussed are: 1) The Qur'an, 2) Hadith, 3) Ijma (consensus), and 4) Qiyas (analogy).

What does the Qur'an say about having children, according to the script?

The Qur'an does not explicitly address the concept of 'Child Free.' However, it mentions children in various ways, describing them as a blessing and sometimes a test. The Qur'an also refers to children as a fitnah (trial) or even as a source of conflict.

How is the concept of 'Child Free' viewed in the Hadith?

In the Hadith, there is no direct ruling on 'Child Free.' However, it is noted that the Prophet Muhammad emphasized having children as a source of pride in the afterlife. Some scholars interpret the Hadith as viewing children positively but not mandating them as a requirement for marriage.

What role does Ijma (consensus) play in the discussion of 'Child Free'?

There is no consensus (Ijma) among scholars regarding the permissibility of 'Child Free.' The script notes that even the fundamental rulings on marriage have diverse opinions, making it clear that there is no unified stance on the issue.

What is Qiyas (analogy), and how is it applied to 'Child Free'?

Qiyas (analogy) is used in Islamic law to compare similar cases. In this context, 'Child Free' is compared to the practice of 'Azel' (coitus interruptus), which is allowed under certain conditions in Islamic law. The analogy suggests that if 'Azel' is permissible, then 'Child Free' may also be permissible.

What are the conditions under which 'Azel' is permitted in Islamic law?

The practice of 'Azel' is permitted as long as both spouses agree to it, and it does not harm the wife or interfere with the natural process of procreation. It is seen as a temporary form of birth control rather than an outright rejection of having children.

How does the concept of 'Child Free' align with Islamic family values and societal responsibilities?

The concept of 'Child Free' is controversial in relation to Islamic family values. Islam traditionally encourages procreation as a vital aspect of marriage, viewing children as a blessing and an important part of maintaining family lineage. However, some argue that choosing to be 'Child Free' can be a personal decision, especially if it does not negatively impact society or the individual’s obligations to family and society.

What is the perspective of Al-Azhar University on the issue of 'Child Free'?

Al-Azhar has issued a fatwa that allows 'Child Free' as a private decision between a husband and wife. However, it is not permitted to publicly promote or advocate for a childless lifestyle, as it could have negative societal effects.

What is the critique regarding Al-Azhar's fatwa on 'Child Free'?

The critique presented in the script is that while 'Child Free' is allowed in private, the limitation placed on public advocacy seems overly restrictive. Some argue that factors like economic hardship or environmental concerns should be considered when evaluating the societal impact of 'Child Free' choices.

How does the speaker view the impact of 'Child Free' on future generations in Indonesia?

The speaker points out that Indonesia’s population is projected to grow significantly by 2050. In this context, the decision to be 'Child Free' is viewed as potentially undermining the broader societal goal of ensuring a stable and prosperous future. The speaker argues that choosing not to have children could be seen as a degradation of the societal and legal goals associated with procreation in Islam.

How does the discussion address the relationship between 'Child Free' and Fitrah (human nature)?

The script highlights that in Islamic teachings, Fitrah (human nature) includes a natural inclination toward procreation. While the decision to be 'Child Free' is not explicitly forbidden, the argument is made that it goes against the natural purpose of marriage as understood in Islamic tradition, which typically includes having children.

What does the speaker suggest about the interpretation of Islamic law in the context of modern social changes?

The speaker suggests that while Islamic law provides clear guidelines, modern social changes, such as economic pressures and lifestyle choices, need to be carefully considered when interpreting these laws. The speaker warns against allowing societal shifts to dominate legal interpretations without thorough consideration of Islamic principles.

What is the overall conclusion of the discussion regarding 'Child Free' in Islamic law?

The overall conclusion is that while 'Child Free' may be permissible under certain circumstances, it should be approached with caution, taking into account both individual rights and societal impacts. The decision should be based on a comprehensive understanding of Islamic law, family values, and the broader implications for society.