CHILDFREE MARRIAGE (PERSPEKTIF PEMIKIRAN MAQASID SYARIAH JASER AUDAH)

Nur Kamilia, S.H, NIM.: 20203011064 (2022) CHILDFREE MARRIAGE (PERSPEKTIF PEMIKIRAN MAQASID SYARIAH JASER AUDAH). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Recently, in line with the globalization process, the choice of not having children in marriage (childfree marriage) has spread among the world community, especially millenials in many countries, especially in the Americas and Europe. In Indonesia, the childfree phenomenon has become a hot topic of conversation on social media since influencer Gita Savitri Devi, through her Instagram story upload, stated her decision with her husband for childfree. Starting from the description of the dynamics of population change above, this Research is an attempt to expalain the benefits and disadvantages of childfree practice which is seen in its implications for population growth trough the optical study of islamic law. is the perspective of Jasser Auda is a Contemporary Muslim scholar who gives new color to the development of islamic law studies, especialli those related to the revitalization of the application of the maqasid al-syariah concept. Throuhg his work maqasid al-syariah as philosophy of islamic law: a syistems approach (2008), Jasser Auda offers a renewal of the concept of maqasis al-syariah through a syistems appoach in answering various contemporary problem. This type of research is a type of library research with a normative juridical appoach. While the data analysis technique is to carry out the editing and editing process. In data collection method, the compiler uses the document method and literature study. The results of this study indicate that married couples have the right to decide whether or not to be childfree in their domestic life. These rights are repoductive rights. Islam also regulates reproductive rights, especially reproductive rights of women. According to Husen Muhammad reproductive rights are divided into four parts, namely the right to enjoy sexual intercourse, the right to refuse sexual intercourse, and the right to abort (abortion). In this case, what is meant by reproductive rights is the right to refuse pregnancy. Which can be realized when it has the principle that husband and wife are equal. However, if you look at the impact that will occur if there are many women who decide not to have children, as is the case in many developed countries, there are other problems that will arise. The number of population in the world affects the survival of this nature, such as the carrying capacity of the enviroment, sosio economicproblems, and national resilience. The phenomenon of childfree can raise concerns about the population in the future.

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