Childfree perspektif hak asasi manusia dan maqasid syari’ah Jamaluddin ‘Athiyyah

Najih, Ahmad Abi, Suwandi, Suwandi and Hakim, M. Aunul (2023) Childfree perspektif hak asasi manusia dan maqasid syari’ah Jamaluddin ‘Athiyyah. AHKAM: Jurnal Hukum Islam. ISSN 2549-1075 (Submitted)

Text 17471.pdf - Submitted Version Restricted to Repository staff only Download (349kB)

Abstract

This article examines the phenomenon of childfree from the perspectives of human rights (HR) and Maqasid Shariah. Childfree refers to the decision made by individuals or couples to remain without children, despite having the ability to conceive. This phenomenon remains controversial in society, as it is seen as contradicting human nature, religion, and cultural values. However, within the framework of human rights, every individual has the right to make decisions regarding their own reproduction, including the choice to not have children. This article analyzes the religious viewpoints, particularly in Islam, on childfree and aligns them with the principles of human rights that recognize individual equality and freedom. Additionally, the Maqasid Shariah perspective of Jamaluddin 'Athiyyah is employed to explore the sustainability of offspring as a protected right. Through a normative approach, this article discusses the implications of childfree in the contexts of human rights and Maqasid Shariah and argues that childfree individuals should be treated fairly and equally without discrimination. This research utilizes a literature review method, collecting qualitative data from relevant secondary sources. The findings and discussions of this article aim to provide a deeper understanding of the childfree phenomenon from the perspectives of human rights and Maqasid Shariah, as well as contribute to advocating for the recognition of individual rights in making decisions about their own reproduction.

Item Type:	Journal Article
Keywords:	child free; HAM; Maqasid Syari’ah
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	Unnamed user with email dr.suwandi@yahoo.com
Date Deposited:	14 Dec 2023 14:40

Downloads

Origin of downloads

Actions (login required)

View Item