Hall Al-Masail Al-Muasirah IV : Islamic Family Law Study Program Discussing Childfree and Its Campaigns

The Faculty of Sharia at UIN Maliki Malang recently hosted the fourth Hall Al-Masail Al-Muasirah, focusing on the childfree issue, which has become a topic of significant discussion lately. The event, held on Friday, June 16, 2023, was attended by 18 delegations from various pesantrens in Malang and the Lirboyo bahtsul masail institute.

The event was officially opened by Dr. Zaenul Mahmudi, Vice Dean I of Academic Affairs at the Faculty of Sharia UIN Maliki. The discussions were highly interactive, with almost every representative from the institutions and pesantrens presenting scholarly arguments based on the dogmatic aspects of Islam. Dr. Zaenul also served as one of the speakers alongside three other experts: Dr. Djumikasih, S.H., M.Hum., Drg. Risma Aprianda K., and Intihaul Fudola, M.Ag.

From the perspectives of positive law, health, maqasid sharia, and fiqh-ushul fiqh, the legal status of childfree varies. It is considered makruh (disliked) in the Syafi’iyah school, tarkuhu afdhal (better to avoid) in the Hanafiyah and Malikiyah schools, mubah tarkuhu afdhal (permissible but better to avoid) according to Imam Al-Ghazali, and haram (forbidden) in the Hanabilah and Zhahiriyyah schools. Additionally, the childfree campaign was deemed impermissible as it contradicts one of the primary objectives of family building, and family matters are considered private issues, also known as Ahwal Syakhshiyyah. “The discussion, which began at 08:30 AM and ended at 3:30 PM, provided legal flexibility depending on the perspective chosen. However, one unanimous agreement was that the childfree campaign is categorized as an undesirable activity because it contradicts one of the objectives of family building,” explained Muhammad Nuruddien, the organizer of the event, referencing the book “Adab al-Islam fi Bina’i al-Ushrah.”