Volume 8, Number 2, 2023
P-ISSN: 2502-8006 E-ISSN: 2549-8274 DOI: https://doi.org/10.22373/petita.v8i2.235 Indexed by Scopus:
https://suggestor.step.scopus.com/progressTracker/?trackingID=6104E7D47B535213
CHILDFREE AND ITS RELEVANCE TO ‘AZL FROM THE PERSPECTIVE OF TAQIYUDDIN AN-NABHANI
FAKHRURRAZI M. YUNUS
Universitas Islam Negeri Ar-Raniry Banda Aceh,Indonesia Email: [email protected]
SITI NURLIYANA
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia Email: [email protected]
AZKA AMALIA JIHAD
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia Email: [email protected]
AULIL AMRI
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia Email: [email protected]
SAIFULLAH M. YUNUS
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia Email: [email protected]
Abstract: One of the goals of marriage in Islam is to ensure the continuity of someone’s bloodline. However, recently, a new trend has emerged where married couples agree to live without offspring in their household, which, in essence, is contrary to the purpose of marriage itself. The trend to live without children is also called childfree. Substance-wise, the childfree concept is related to ‘azl because both concepts reject a child’s existence before any potential for having the child exists. In relation to these contemporary issues, Taqiyuddin an-Nabhani’s view on ‘azl in his book an-Nizham al-Ijtima’ fi al-Islam, is still highly relevant to be used as a focal point for any discussion on such issues. Accordingly, this study aims to examine Taqiyuddin An-Nabhani’s views on the legal status of ‘azl and its relevance to the current childfree concept. This study is a library research study which relies on a historical approach and utilizes some primary data from the book an-Nizham al-Ijtima’ fi al-Islam and other books of hadith. The secondary data sources were obtained from other books, journals, previous research, and digital media. Data were analyzed using qualitative analysis techniques. Based on Taqiyuddin An-Nabhani’s view, couples who practice ‘azl are allowed to use non-permanent contraceptives in an effort to temporarily prevent pregnancy. Meanwhile, the use of permanent contraceptives to prevent pregnancy, such as tubectomy or vasectomy or the use of other means that can cause permanent
infertility is haram (forbidden). These should not be used because they are a form of castration. The relevance between ‘azl and childfree lies only in denying the existence of children before they potentially form. If childfree is used to delay having children, then its legal status becomes permissible in line with the ruling of ‘azl. However, the practice of childfree where a couple would use permanent contraceptives is catagorized as tabattul, which is unlawful because they clearly aim to stop the continuation of human existence.
Keywords: Childfree, ‘Azl, Taqiyuddin An-Nabhani
Abstrak: Tujuan dari pernikahan dalam Islam salah satunya adalah untuk melestarikan keturunan. Namun, belakangan ini muncul pemikiran baru untuk hidup tanpa menghadirkan keturunan dalam rumah tangga, yang pada hakikatnya hal ini bertentangan dengan tujuan perkawinan. Pilihan hidup tanpa anak itu disebut juga dengan childfree. Jika dilihat secara substansi, childfree berkaitan dengan ‘azl, karena sama-sama menolak wujudnya anak sebelum potensial wujud. Menanggapi permasalahan kontemporer tersebut, pandangan Taqiyuddin an-nabhani terhadap ‘azl dalam kitabnya an-Nizham al- Ijtima’ fi al-Islam, masih sangat relevan untuk dikaitkan dengan permasalahan childfree ini. Maka berdasarkan uraian tersebut, penelitian ini bertujuan untuk mengetahui pandangan Taqiyuddin An-Nabhani terhadap hukum ‘azl dan mengkaji relevansi childfree dengan hukum ‘azl berdasarkan pandangan Taqiyuddin An Nabhani. Penelitian ini merupakan jenis penelitian kepustakaan dengan menggunakan pendekatan histori.
Penelitian ini menggunakan sumber data primer yang diperoleh dari kitab an-Nizham al- Ijtima’ fi al-Islam dan kitab hadits lainnya. Untuk sumber data sekunder diperoleh dari buku-buku, jurnal-jurnal, dan penelitian terdahulu serta media internet. Data dianalisis dengan teknik analisis kualitatif. Hasil penelitian menunjukkan bahwa berdasarkan pandangan Taqiyuddin An-Nabhani, hukum ‘azl dapat diterapkan pada penggunaan alat- alat kontrasepsi non-permanen untuk mencegah kehamilan secara sementara. Sedangkan pencegahan kehamilan yang bersifat permanen seperti tubektomi atau vasektomi, dan upaya lainnya yang dapat menimbulkan kemandulan permanen, adalah haram. Ini tidak boleh dilakukan karena termasuk salah satu jenis pengebirian. Relevansi antara ‘azl dan childfree hanya terletak pada substansi sama-sama menolak adanya anak sebelum potensial wujud. childfree yang dengan tujuan menunda untuk memiliki keturunan, hukumnya boleh sebagaimana hukum ‘azl. Sedangkan childfree yang menggunakan alat kontrasepsi permanen, maka termasuk dalam tabattul dan hukumnya adalah haram, karena tujuan dari keduanya dapat menghentikan proses keberlangsungan umat manusia.
Kata Kunci: Hidup Tanpa Anak, ‘Azl, Taqiyuddin An-Nabhani Introduction
Islam views marriage as a sacred institution that represents worship, which is mentioned in the Prophet’s sunnah and is performed in accordance with established legal provisions.
In Indonesian law Number 1 of 1974 concerning marriage, in chapter I, article 1, it is explained that marriage is a physical and mental bond between a man and a woman as husband and wife, which aims to form a happy and eternal family (household) based on the guidance of God Almighty.1
The Ulama who follow the Shafi’i, Hanafi, Maliki, and Hanbali mazhabs generally define marriage as a contract that gives permission (for a man to engage in sexual intercourse with
1 Citra Umbara, Undang-Undang RI Nomor 1 Tahun 1974 Tentang Perkawinan Dan Kompilasi Hukum Islami (Citra Umbara 2017), p. 2; Ali Abubakar, ‘The Chance on Islamic Family Law Study in Indonesia’
(2019) Vol 4 Petita : Jurnal Kajian Ilmu Hukum dan Syariah; Zendy Wulan Ayu Widhi Prameswari and Erni Agustin, ‘Indonesian Marriage Law Reform: The Way To Strengthen The Protection of Children’s Rights Against Child Marriage’ (2018) 2 Journal of Southeast Asian Human Rights 286 <https://
jurnal.unej.ac.id/index.php/JSEAHR/article/view/5353>.
a woman) and contains an agreement from both parties to enter into marriage indicated clearly by the use of the words nikah or marriage. Marriage is also explained in the Islamic Compilation Law as a firm contract or mitsaqan ghalizhan to obey Allah’s commands, which is an act of worship. From several definitions, it can be seen that marriage is a divine fitrah (innate nature).2
The purpose of marriage, as explained by Wahbah Zuhaili in his Fiqh Imam Shafi’i book, is threefold: preserving offspring, distributing libido (sexual desires), which is dangerous when restrained, and obtaining pleasure. It is related to the implementation of sharia in the marriage law. The marriage law includes a recommendation (mustahab) for people who need (want to have sexual intercourse) and can afford to get married to uphold religion and fulfill the benefit of the community.3
According to Islam, marriage is primarily intended to realize the union of men and women as part of the caliphate, the descendants of Adam who rule the earth and produce generations that carry out the duty to continue worshiping Allah and promoting world prosperity.4 The Maliki Ulama believe that the purpose of marriage is to attain sakinah/ happiness. In this sense, children are not the primary purpose of marriage but rather a reward when they are given by God. It is based on the Qur’an in Surah Ar-Rum verse 21: “I created you in pairs of husbands and wives, so that in these pairs you may attain contentment.”
The Shafi’i ulama, however, believe that having children is the primary goal of marriage rather than only sakinah or happiness. It is related to the hadith by Anas bin Malik, “Marry a woman who is compassionate and has many children because indeed I will be proud of the reason for the numerous of you in the presence of the Prophet on the Day of Judgment.”
This hadith was narrated by Ahmad, Ibn Hibban, and Said bin Manshur.”5 Islamic Sharia has designated having many children as recommended (mandub).
Usually, no married couple would want to abstain from having children. Giving birth to a child along with the struggles and the responsibilities that come with it should already be considered an integral part of the life of a husband and wife. It is a natural trait that already exists in humankind. As written in the Quran:
“And Allah has made for you wives of your own kind and has made for you, from your wives, sons, and grandsons, and has bestowed on you good provision. Do they then believe in false deities and deny the Favour of Allah (by not worshipping Allah Alone)?”
(QS.an-Nahl (16): 72)
The verse above explains that Allah created humans in pairs so that they could multiply, inhabit this earth, and bring prosperity. By the will of Allah, human instincts are also in line with this perspective.6 However, this innate nature is now being challenged, creating pros and cons in the society, resulting in many married couples choosing not to have
2 Wahyu Wibisana, ‘Pernikahan Dalam Islam’ (2016) 14 Jurnal Pendidikan Agama Islam-Ta’lim, p.186;
See also Novi Endira, ‘Tinjauan Hukum Islam Tentang Kekerasan Non Fisik Terhadap Anak Dalam Keluarga: Studi Kasus Di Gampong Pisang Kecamatan Labuhan Haji Kabupaten Aceh Selatan’ (2016) Volume 1 Petita : Jurnal Kajian Ilmu Hukum dan Syariah 154.
3 Wahbah Zuhaili, Fiqih Imam Syafi’i (Almahira 2010), p. 452.
4 Syaikh Ahmad Abdurrahim, Aku Terima Nikahnya Bekal Pengantin Menuju Keluarga Sakinah, Mawaddah (Istanbul 2015), p. 23-24.
5 Rizqi Amalia, ‘Childfree Dalam Pandangan Istihsan’ (Rahma Id, 2021) <https://rahma.id/childfree- dalam-pandangan-istihsan/> accessed 7 September 2022.
6 M Ali Hasan, Pedoman Hidup Berumah Tangga Dalam Islam (Siraja 2006), p. 14-15. See also A Hamid Sarong & Nur A Fadhil Lubis, ‘The Child Rights In Islamic Law With A Special Focus On Aceh’ (2019) Volume 4 Petita : Jurnal Kajian Ilmu Hukum dan Syariah.
children for various reasons. Some women argue that they have no desire to become mothers. Similarly, some others would value their career and their financial goals more than their desire to have children. Some would even argue that the number of humans is increasingly overcrowding the earth, thus giving them a more valid reason to choose the child-free lifestyle.
Lately, there has been widespread discussion, especially on the internet, regarding choosing the childfree lifestyle. Childfree is a decision made by a married couple who decide not to have children, whether they are biological or adopted. It is also defined as the situation where a person has no children or has no desire to have children in the future. Some studies even explain that childfree couples are highly educated and tend to live in urban areas. To be more precise, people with higher education sometimes choose childfree in order to focus on building their careers.7 Although in principle, a couple’s choice to be childfree seems to contradict one of the primary purposes of marriage in Islam, which is having offspring, it is their right nonetheless to choose this path which they believe is in accordance with their own considerations.
If we look at this issue from the perspective of jurisprudence (fiqh),8 there seems to be some resemblance between the life choice of a married couple not to have children or childfree and the issue that is being debated among fiqh ulama, namely the practice of
‘azl. Taqiyuddin an-Nabhani explains this practice in his book “An-Nizhom Al-Ijtima’i fi Al- Islam” that ‘Azl is the act of a husband pulling out his genitals at ejaculation to spill his sperm outside his wife’s vagina.9 The aim is to prevent fertilization between male sperm cells and the ovum resulting in pregnancy. There is a connection between the definition of
‘azl and childfree, both of which reject the existence of a child before it has the potential to exist, which is before the sperm enters a woman’s uterus.
Based on the background of the problems as explained above, which describes the many pros and cons that occur in society regarding the choice of childfree lifestyle, this article discusses the relationship between these two issues, childfree and ‘azl, and their legal relevance in accordance with Taqiyuddin An Nabhani’s perspective.
Methods
This article is based on the library research conducted using a qualitative approach. It is an approach used to construct a statement of knowledge based on a constructive perspective or research to analyze Taqiyuddin an-Nabhani’s thoughts on the practice of ‘azl and its relevance to childfree. As this study is library research, it examines and scrutinizes data sources consisting of writings from various references, such as the Quran, scriptures, books, journals, articles, and other considerations related to the object of discussion about childfree practices and their relation to ‘azl based on Taqiyuddin An-Nabhani’s perspective.
The data collection method used is the documentation study technique, searching and analyzing various books and other written sources related to the discussion of this paper.
The data sources used in this study are primary data sources and secondary data sources.
Primary data sources are obtained from the Qur’an, hadith, and the book an-Nizhom al- Ijtima’ fil Islam by Taqiyuddin an-Nabhani. In comparison, secondary data sources are obtained from other supporting books and scientific journals related to childfree and ‘azl.
7 Abdul Hadi, Husnul Khotiimah and Sadari, ‘Childfree Dan Childless Ditinjau Dalam Ilmu Fiqih Dan Perspektif Pendidikan Islam’ (2022) 1 Journal of Educational and Language Research, p. 2.
8 Nawir Yuslem, ‘Sharia Contextualisation To Establish the Indonesian Fiqh’ (2020) 5 Petita : Jurnal Kajian Ilmu Hukum dan Syariah; Devi Soraya, ‘Konsep Penetapan Wali Harta Dalam Pemikiran Mazhab Syafi’i Dan Praktek Masyarakat Aceh Besar’ (2016) 1 Petita : Jurnal Kajian Ilmu Hukum dan Syariah 41 <http://www.petita.ar-raniry.ac.id/index.php/petita/article/view/79/27>.
9 Taqiyuddin an-Nabhani, Sistem Pergaulan Dalam Islam (Hizbut Tahrir Indonesia 2014), p. 256.
Result and Discussion Childfree and its Factors
It is still frowned upon for a woman or couple to live without having children in Indonesia.
As a result, the Indonesian society still has difficulties understanding the concept of
“childfree.” Only a limited segment of society is aware of this concept. Consequently, the writer will define childfree at the outset of this discussion.
The Definition of Childfree
Researchers at the National Center for Health Statistics define childfree as those who declare they do not wish to have children despite being in a healthy reproductive state.
By this criterion, about six percent of American women aged fifteen to forty-four willingly chose childless (3.735 million American women) from 2006 to 2010.10 In a study conducted by a psychologist Sherryl Jeffries and Candance Konnert, they categorized someone who is considered childfree in several circumstances, including:
a. A couple who never wants children.
b. Initially, they wanted children but later changed their minds about not having children.
c. They are delaying having a child until a delayed condition makes it impossible to have a child.11
The term childfree came into use due to women’s status and existence, which may be gauged by the number of children they have. As society develops, women have more choice to make childfree decisions.12 Since they have various meanings, childfree and childless are frequently used interchangeably. Childfree is the decision not to have biological or adopted children. Meanwhile, childless is when a couple cannot have children medically due to physical, severe illness, or biological factors.13
Within the childfree community, there is a debate about who is considered childfree.
In almost all groups and communities, some people insist that childfree is anyone who chooses to be completely childfree, whether they have no biological children, no adopted children, or no stepchildren because people who have adopted children or stepchildren are still considered parents. For many others, the category of childfree is broader, with the condition of not having biological children.14
The History of Childfree Practices
It is known that the origin and phenomenon of childfree were introduced by American feminists Shirley Radl and Ellen Peck in Palo Alto, California, in 1972. To protect the rights of childless individuals,15 Sh. Radl and E. Peck started the first childfree community and named it “National Organization for Non-Parents.” It later changed its name to “National Alliance for Optional Parenthood” and continued into the 1980s. This community stands as a childfree advocate and aims to educate the public about non-parenting as a valid
10 Marfia and Sandra Milenia, ‘Tren Childfree Sebagai Pilihan Hidup Masyarakat Kontemporer Ditinjau Dari Perspektif Pilihan Rasional (Analisis Pada Media Sosial Facebook Grup Childfree Indonesia)’
(UIN Sunan Ampel, Surabaya 2022), p. 19-20.
11 ibid.
12 Prameswari and Agustin (n 1).
13 Abdul Hadi, Khotiimah and Sadari (n 7), p. 2-3. See also Al Khanif, ‘Women, Islam, and Modern Family Construction in the Perspectives of Legal Pluralism in Indonesia’ (2019) Vol.4 Petita : Jurnal Kajian Ilmu Hukum dan Syariah <http://www.petita.ar-raniry.ac.id/index.php/petita/article/view/24>.
14 Abdul Hadi, Khotiimah and Sadari (n 7).
15 See also Muhammad Siddiq et all Armia, ‘Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly?’ (2022) 7 JILS 525; Muhammad Siddiq Armia, ‘Ultra Petita and the Threat to Constitutional Justice: The Indonesian Experience’ [2018] Intellectual Discourse.
lifestyle choice and support people who choose not to have children.16
Women who were consciously determined not to have children immediately joined the movement. The public took notice of the activities of these two Americans: representatives of the community became real stars of newspapers and magazines, and they declared their main principles on the pages of their books. The first child-free organization existed for only a decade but became the basis of this worldwide movement.17
This topic initially surfaced in Indonesia in 2021. It started to be publicized by a Muslim couple—the well-known YouTuber Gita Savitri Devi and her husband Paul Andre Partohap—who opted not to have children. 1.26 million people subscribe to Gita Savitri Devi’s YouTube channel, which has daily vlogs, commentary videos, and other content.
Gita Savitri is an educated Muslim woman who wears a hijab and has a degree in pure chemistry from Germany’s Freiheit University. Gita and her husband chose against having children since they may not see having children as a duty. Gita disclosed that her desire to become child free was motivated by factors related to her finances, education, culture, and health. Since then, particularly among Indonesia’s millennials, the option to live childfree or not having children has increased.18
Factors that Influence Individuals to Decide to Go Childfree
There are so many reasons why people choose to go childfree, and these reasons vary among individuals. Corinne Maier shares the reasons people go childfree in five categories written in her book No Kids: 40 Reasons for Not Having Children, which are as follows:
a. Personal (from the perspective of emotions and mind)
Personal reasons usually arise from one’s emotions or inner state. It may be because they see something mentally and physically wrong in their family, feel responsible for something such as work or education, or feel accountable for someone such as a sick family member.
It triggers their mind, making them think they do not have time to care for children or feel unable to be a good parent, so they prefer to vent their love to pets.19
In addition, many childfree decisions are found for women due to concerns about the effects on the body that arise after pregnancy and childbirth. For instance, they are concerned about gaining weight, stretch marks, drooping breasts, hyperpigmentation on the face, losing hip muscles, leading to less sexual pleasure, hemorrhoids, urinary incontinence, death, and others.20
b. Psychological and Medical (subconscious and physical perspective)
Psychological reasons, including trauma, are among the most common reasons for going childfree. Psychological relates to anything that affects a person’s thoughts, feelings, or motivations. However, for people who live childfree, these conditions are often associated with trauma, fear, excessive anxiety, and other mental health disorders affecting the sufferer’s daily life. In addition to psychological conditions, a person’s medical condition is also one of the reasons someone decides to be childfree. Medical conditions are anything
16 Mariya Bicharova, Irena Lebedeva and Pavel Karabushchenko, ‘Russian Childfree Community: Reality and Illusions’ (2015) 214 Procedia - Social and Behavioral Sciences 925 <https://linkinghub.elsevier.
com/retrieve/pii/S1877042815060292>, p. 925-926;
17 ibid.
18 Haganta Karunia, Firas Arrasy and Siamrotul Ayu Masruroh, ‘Manusia, Terlalu (Banyak) Manusia:
Kontroversi Childfree Di Tengah Alasan Agama, Sains, Dan Krisis Ekologi’ (2022) 4 Jurnal Prosiding Konferensi Integrasi Interkoneksi Islam dan Sains, p. 309-310.
19 Bicharova, Lebedeva and Karabushchenko (n 16)., p. 21-22.
20 ibid. p. 24.
related to a person’s physical limitations that cause them to decide to become childfree.21 Someone who chooses to be childfree due to psychological disorders is usually triggered by fear or anxiety about the future. They might become a parent and not be able to be a good parent due to their past traumas or wounds.
c. Economics (material perspective)
Economic reasons are the most realistic reason for viewing the costs of giving birth and raising a child to adulthood. Some individuals who decide to be childfree also judge in terms of their mediocre economy and feel unable to support children fully. Individuals who choose childfree think that economic problems will arise when they have offspring because the needs will automatically increase with all the necessities and requirements of children, ranging from clothes, food, pocket money, education costs, and recreation costs, also include the needs when having children. Those who choose childfree feel that expenses and income will be balanced without having children because they only live alone with their husbands.22
d. Philosophical (principle view)
These philosophical reasons concern the principles of life that a person adheres to. It arises because of one’s way of thinking or outlook on life. Some people think their time and money can be invested in social objectives, not just raising children. Some people feel that being happy is not just about having their own offspring, but making a group of others happy can also make them happy. These philosophically-minded childfree people usually love children and prefer to donate their time and energy to their activities, such as helping children in need, helping children who cannot get a proper education, or other disadvantaged conditions. For them, helping children in need is more than enough to make them happy without having to give birth to their own offspring.23
e. Environment (macrocosmic view)
Environmental reasons are one of the reasons that childfree individuals affirm as reinforcement for their life choices. Some childfree individuals see that the human population on earth is considerably increasing and the world is no longer a safe place for human life. Based on their thinking, human overpopulation results from various environmental problems, such as air pollution, global warming, extreme climate change, limited natural resources, and other environmental damage. Therefore, choosing not to reproduce is the correct contribution to avoid adding more damage to the earth and maintaining the balance of nature.24
The Rule of ‘Azl and Scholars’ Views on its Practice
‘Azl (interrupted coitus) is stopping intercourse before orgasm or spilling sperm outside the vagina. It is not a new problem, as this method was known among the Jews. When Islam came, it turned out that there were several ways to prevent a woman from getting pregnant, one of which was by performing ‘azl.
21 Marfia and Milenia (n 9), p. 50.
22 Camilla Guzmán and Emma Parsmo, ‘I’mOther Exploring Childfreeness through Craftshership’
(Linnaeus University 2021), p. 14; Chairul Fahmi and Muhammad Siddiq Armia, ‘Protecting Indigenous Collective Land Property in Indonesia under International Human Rights Norms’ (2022) 6 Journal of Southeast Asian Human Rights 1 <https://jurnal.unej.ac.id/index.php/JSEAHR/article/
view/30242>.
23 ibid, p. 56.
24 Marfia and Milenia (n 10)., p. 56-57; Ole W Pedersen, ‘Legislative Overreach, Adaptation and Administrative Re-Regulation in Environmental Law’ (2022) 42 Oxford Journal of Legal Studies 818
<https://academic.oup.com/ojls/article/42/3/818/6549975>.
Definition of ‘Azl
‘Azl is derived from the word ‘azala-ya’zilu-’azlan, which means to release or separate.
In terms of terminology, ‘azl means removing the penis from the wife’s vagina just as ejaculation is about to occur so that the semen is scattered outside the vagina, or the wife uses a device that can block the entry of the husband’s semen into the uterus so that fertilization does not occur.25
‘Azl in biological terms is called coitus interruptus, a term used for the husband’s act of removing sperm outside the wife’s vagina. This ‘azl practice is intended by the husband to prevent the pregnancy of the woman (wife) he has intercourse with.26‘Azl is one of the classic traditional contraceptives that has been practiced since ancient times until now.27 Based on the opinion of Taqiyuddin An-Nabhani, ‘azl is the act of a husband pulling out his genitals at the time of ejaculation to spill his sperm outside his wife’s vagina. ‘Azl is permissible according to Sharia. Thus, if a husband is having intercourse with his wife and is about to ejaculate, it is acceptable for him to spill his sperm outside her vagina.28
Factors of a Person Performing ‘Azl
Several factors encourage a person to do ‘azl, which can be divided into two parts:
a. Factors that are prescribed (based on sharia)
1) When the wife’s condition necessitates ‘azl, this may occur if the wife has high fertility levels. In this case, it is necessary to do ‘azl so that the wife will have sufficient time to care for and educate her children.29
2) For the wife’s sake, she may be harmed if she gets pregnant or gives birth. This must follow the statements of experts such as doctors. The reason for this is that the wife may be harmed if she gets pregnant, either because her womb is too small or because of a disease or something harmful to her womb. As Allah Almighty says in the Qur’an,
“Spend in the cause of Allah and do not let your own hands throw you into destruction by withholding˺. And do good, for Allah certainly loves the good- doers.” (QS. Al-Baqarah (2): 195) 30
3) Concerned about difficulties that affect carrying out religious orders, this difficulty will cause someone to do something haram or prohibited, which is caused by having many children.31 As Allah Almighty says in surah al-Baqarah verse 185,
“Allah intends ease for you, not hardship...” (QS. Al-Baqarah (2): 185) 32
4) Worrying about the health and education of the child due to the financial situation
25 Sulaemang L. “Al-‘Azl, ‘“Al-‘Azl (Senggama Terputus) Dalam Perspektif Hadis (Disyarah Secara Tahlili)’
(2015) 10 Al-Izzah., p. 133.
26 Muhammmad Nashiruddin al-Bani, Adab Al-Zifaf (Qisthhi Press 2015)., p.31
27 Gibtiah, Fikih Kontemporer (Kencana 2016), p. 33; Murdan, ‘Hukum Islam Dalam Kerangka Sistem Hukum Masyarakat Modern’ (2016) 1 PETITA: Jurnal Kajian Ilmu Hukum dan Syari’ah.
28 an-Nabhani (n 9).p. 256.
29 Hasibuan and Akhmad Sayuti, ‘’azl Menurut Imam Malik Perspektif Maqashid Al-Syariah’ (UIN Sultan Syarif Kasim Riau 2020)., p. 24;
30 QS. al-Baqarah (2): 195.
31 Muhammad Siddiq Armia and others, ‘Criticizing the Verdict of 18/JN/2016/MS.MBO of Mahkamah Syar’iyah Meulaboh Aceh on Sexual Abuse against Children from the Perspective of Restorative Justice’
(2022) 17 AL-IHKAM: Jurnal Hukum & Pranata Sosial 113;Muhammad Siddiq Armia, ‘Public Caning:
Should It Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)’
[2019] Qudus International Journal of Islamic Studies.
32 QS. al-Baqarah (2): 185.
can lead to disbelief or calamity, as stated in the hadith that means:
Usamah ibn Zayd reported that a man came to the Messenger of Allah and said: O Messenger of Allah, I did ‘azl on my wife, and the Messenger asked why did you do it? So the man replied, I pity his children. Then the Messenger of Allah said if it were destructive, the Persians and Romans would be corrupted.33
5) Ghillah is sexual intercourse between husband and wife while the wife is still breastfeeding. In this case, it is necessary to do ‘azl because it can disrupt the breastfeeding process and weaken the child physically. It is also called ghillah because it constitutes a covert crime against the nursing infant.34
6) ‘Azl is also performed on enslaved women so they do not become pregnant. If the enslaved person becomes pregnant, she cannot be re-sold to another person.
b. Non-shariable factors
Factors that are not permissible, such as the fear of poverty, because of the number of children to be borne and provided for. Such a belief is genuinely despicable and prohibited because Allah the Almighty has guaranteed all the sustenance of his creatures. As stated in the Qur’an,
“There is no moving creature on earth, but its sustenance depends on Allah: He knows the time and place of its definite abode and its temporary deposit: All is in a clear Record (Lauh Mahfuzh).” (QS. Hud (11): 6). 35
In the sense of the above verse, the meaning of creeping animals here is all of Allah’s creatures that are alive. Some ulama interpreted the dwelling place as the world and the storage place as the hereafter. According to some other ulama, the dwelling place is the ribs, and the storage place is the womb.36
The majority of Ulama’s views on ‘Azl
a. ‘Azl, according to the madhhabs of Maliki, Hanafi and Hanbali
According to Maliki, Hanafi, and Hanbali madhhab, preventing pregnancy with ‘azl is permissible when the wife gives permission. It is because the issue of children is a right between husband and wife. They rely on the hadith from ‘Umar ibn Khattab,
“The Messenger of Allah (peace and blessings of Allah be upon him) forbade committing ‘azl on a free woman except with her permission.” (Narrated by Ibn Majah) 37
Some contemporary ulama of the Maliki madhhab also believe there must be compensation or monetary reward for the woman’s permission. Imam Malik also said, “A man should not perform ‘azl except without the permission of his wife/free woman.”38 However, a husband may perform ‘azl on his slave woman even without her permission, and if a man has a wife but is someone else’s slave, then her husband should not perform ‘azl on her except with her permission. In the book of al-Muwatha’, Imam Malik also discourages it:
33 Abi al-Husaini Muslim bin al-Hujaj al-Qasyiri al-Nasburi, Shahih Muslim (Dar al-Kutub al-Ilmiyyah 1998)., p. 543.
34 Muhammad bin Ismail Al-Amir al-Shan’ani, Subul Al-Salam (Syarah Bulughul Maram) (Darsu Sunan Press 2012)., p. 701.
35 QS. Hud (11): 6.
36 Hasibuan and Sayuti (n 29)., p. 25.
37 Ibnu Majah Abu Abdullah Muhammad bin Yazid al-Qazwini, Sunan Ibn Majah (Dar al-Kutub al- Ilmiyyah 1952), p. 620.
38 Thariq Muhammad ath-Thawari, Kenapa Harus’ Azl? (Zam-Zam 2009), p. 54.
“Nafi’ reported from ‘Abdillah ibn ‘Umar that he never dit ‘azl and hate it.” 39 b. ‘Azl, according to the Shafi’i Madhhab
The Shafi’i madhhab permits ‘azl completely and unconditionally, whether the wife consents. However, if a person avoids it, then that is preferable. This opinion is the stronger opinion according to the Shafi’i Ulama. Its permissibility is because the wife’s right to be pleased by doing ‘azl has been fulfilled even if no semen is emitted. However, it is advisable to ask the wife’s permission first. In terms of allowing ‘azl here, Imam Shafi’i refers to the Quran surah An-Nisa verse 3, which commands to be just between wives and enough with only one wife. Imam Shafi’i interpreted QS. An-Nisa verse 3 with: “Do not increase the number of family members.” Imam Shafi’i’s interpretation indicates that it is preferable not to increase the number of family members.40
Childfree and its Relevance to ‘Azl Perspective of Taqiyuddin An-Nabhani Taqiyuddin An-Nabhani Profile
Taqiyuddin an-Nabhani was born in 190941, and his full name is Abu Ibrahim Taqiyuddin Muhammad bin Ibrahim bin Mustofa bin Ismail bin Yusuf bin Hasan bin Muhammad bin Nashiruddin an-Nabhani. He came from a noble family living in the Ijzim village, south of Haifa, the Kiral Mahral colony, in 1949. His name is attributed to the Bani Nabhan tribe, which includes Arabs inhabiting the Sahara Desert in Palestine, where Taqiyuddin an- Nabhani spent his childhood.42
Taqiyuddin an-Nabhani received the basics of sharia knowledge from his father and grandfather, who taught him to memorize the Qur’an, so he had memorized the entire Qur’an before puberty. In addition, Taqiyuddin an-Nabhani also received elementary school education in the Ijzim and then continued to Akka to study at the secondary school.
Before completing his education in Akka, Taqiyuddin an-Nabhani continued his studies at Al-Azhar Cairo.43 Then, Taqiyuddin an-Nabhani continued his education at Tsanawiyah al-Azhar in 1928, and in the same year, Taqiyuddin an-Nabhani earned a diploma with a highly satisfactory predicate. He then continued his studies at the Darul Ulum Kulliyah.
In addition, an-Nabhani attended many scientific halaqahs, followed by the sheikhs of al- Azhar. Taqiyuddin an-Nabhani completed his studies at Darul Ulum in 1932, the same year he also completed his studies at al-Azhar ash-Sharif.44
Taqiyuddin An-Nabhani’s thoughts on ‘Azl
In a narration by Imam Muslim from Abu Said (may Allah be pleased with him), he said:
“We had gone out with the Prophet in the battle of Bani Mushthaliq. Then, we were offered women from among the Arabs. So, our lust for women was aroused, and it was hard for us to be a virgin. We preferred to do ‘azl. So we asked the Prophet about it. He said, “Why don’t you do it?” Because Allah, the Almighty, has decreed what He has created until the Day of Judgement.” (Narrated by Muslim) 45
39 Malik bin Anas, Muwatha (darul ihya 1985), p. 595.
40 Mursyid Djawas, Misran and Cut Putrau Ujong, ‘’Azl Sebagai Pencegah Kehamilan (Studi Perbandingan Antara Mazhab Hanafi Dan Mazhab Syafi’i)’ (2019) 2 El-Usrah: Jurnal Hukum Keluarga, pp. 245-246.
41 Herry dkk Mohammad, Tokoh-Tokoh Islam Yang Berpengaruh Abad 20 (Gema Insani Press 2006)., p.
302.
42 Sitti Jamilah Amin, Gerakan Sosial Islam Hizbut Tahrir Syarah Dan Implementasi Pemikiran Taqiyuddin An-Nabhani Di Kota Pare (Relasi Inti Media 2019), p. 80.
43 ibid., p.5.
44 Mohammad (n 41)., p. 303.
45 Muhammad ibn ‘Ali ibn Muhammad ibn ‘Abdullah al-Syaukani al-Yamani, Nail Al-Authar (Dar al-Hadis 1993), p. 233.
Referring to some of the hadiths above, Taqiyuddin an-Nabhani argues that ‘azl is absolutely permissible, whatever the purpose of the husband doing it, whether it is to prevent birth or to have fewer children, or because he pities his wife who is weak due to pregnancy and giving birth, or not to burden his wife too much so that she remains young and the husband can have fun with her, or for other purposes. To sum up, it is permissible for the husband to do ‘azl, regardless of the purpose.46
This permissibility is because the evidence is absolute, not bound by any conditions, and, in general, no evidence specifies it. It means that the evidence remains absolute and general. It cannot be said that the act of ‘azl is the same as killing a child before it is created because traditions reject this perception. Abu Daud has narrated from Abu Sa’id (may Allah be pleased with him), who said:
Abu Sa’id al-Khudri reported that a man said: “O Messenger of Allah, I have a slave girl, and I often do ‘azl on her because I do not like her to become pregnant, but I desire her as men desire women. And I heard the Jews say that ‘azl is a small murder! So the Messenger of Allah replied: The Jews have lied. Because if Allah had wanted to create the seed, you would not have been able to prevent it. (Narrated by Abu Daud)”47
There are also texts that allow ‘azl with the intention of not having children. Imam Ahmad and Imam Muslim have narrated from Usamah ibn Zayd, who said:
“A man came to the Messenger of Allah (peace and blessings of Allah be upon him).
He then said, “I performed ‘azl on my wife.” The Prophet asked him, “Why did you do it?” The man replied, “I feel sorry for her child or her children.” Afterward, the Prophet said, “If ‘azl was harmful, surely the Persians and Romans would have been harmed.” 48
In the above description of the hadith, the Prophet said, lima taf’al (why did you do it)? He did not say la taf’al (do not do it)! It can be inferred from this narration that the Prophet approved of the act of ‘azl. Yet, he also told the man that having a child after having several children would not bring any harm.
Some of these hadiths that allow ‘azl contradict the hadith narrated by Imam Ahmad from Jadzamah bint Wahab al-Asadiyyah, who said:
“I was present when the Messenger of Allah (peace and blessings of Allah be upon him) said in the midst of a crowd: ‘Indeed, I once wished to prohibit ghilah (having sexual intercourse with a wife while breastfeeding her child). So I observed the Persians and Romans and found that they also practiced ghilah, but it doesn’t hurt their children at all.” The Companions then asked about ‘azl. The Prophet (SAW) then replied,” ‘azl is a subtle killing. That is what Allah means: “If the babies of women who are buried alive are asked. (QS at-Takwir (81):8).” 49
This hadith contradicts the authentic hadiths that explicitly allow ‘azl. If a hadith is opposed to other hadiths with more narration sources, then the hadiths with more narration sources are more reliable. Accordingly, the Hadith of Jadzamah bint Wahab al-Asadiyyah is rejected because it contradicts the stronger and more widely narrated Hadith.
46 an-Nabhani (n 9)., p. 258.
47 Abi Dawud Sulaiman bin al-Asy’ats al-Sijistani, Sunan Abi Dawud (Dar al Fikr), p. 222.
48 Abu al-Husain Muslim ibn al-Hajjaj al-Qushairi al-Naisaburi, Shahih Al- Imam Muslim (Dar Al-Ameera 2006)., p. 1067.
49 Imam bin Muhammad bin Hanbal Ahmad, Musnad Imam Ahmad (Pustaka Azzam 2011), p. 820-821.
It cannot be said that combining this Hadith with the hadiths that permit ‘azl leads to the disapproval of ‘azl. The combination is only possible if there is no contradiction, i.e., the Prophet’s denial in another hadith of the meaning indicated by that hadith, as in the hadith narrated by Imam Ahmad and Abu Dawud from Abu Sa’id.
Thus, the two hadiths cannot be combined. Perhaps one of these hadiths has been abrogated (mansukh), or one is more substantial so that the weaker one is rejected. However, the history of these two hadiths is not known. Meanwhile, Abu Sa’id’s hadith is supported by many hadiths with many narration sources, while Jadzamah’s hadith is only one and is not supported by a single hadith. Hence, the hadith narrated by Jadzamah is rejected, while another stronger hadith is considered more reliable.50
In the book an-Nizhom al-Ijtima’ fil Islam, Taqiyuddin an-Nabhani permits’ azl completely without any makrooh, regardless of the purpose of the person doing it based on the generality of the evidence. He also believes that a husband who wants to do ‘azl does not need to ask his wife’s permission because the action depends on the husband, not the wife.51
The Relevance of Childfree and the ‘Azl Perspective of Taqiyuddin An-Nabhani
Suppose childfree is defined based on these two words. In that case, it can be interpreted as being free of children where a couple agrees not to have offspring for specific reasons, even though the reproductive conditions are acceptable. Childfree is more of a thought influenced by one’s perception of life, which arises from the bad things he felt in the past.
So that it raises concerns if someone has offspring, the child will feel the same way.
There are several ways to prevent becoming pregnant, either by not having intercourse or by not spilling sperm into the vagina, which in Islam is called ‘azl. However, these two things do not rule out the possibility of someone getting pregnant. So, for someone who does not want to have children, there are permanent family planning methods (such as vasectomy/tubectomy) and non-permanent family planning methods (such as condoms, birth control pills, birth control injections, birth control implants, and copper IUDs).
Taqiyuddin an-Nabhani also explains in his book an-Nizham al-Ijtima’ fi al-Islam that the principle of ‘azl can be applied to the use of medication (birth control pills), condoms, or spirals to prevent pregnancy. These are all the same issue because the arguments concerning the permissibility of ‘azl can be appropriately applied to these contraceptives.
The use of these contraceptives is one of the ways of preventing pregnancy. The rule is that it is permissible for the husband to attempt to prevent pregnancy, whether by doing
‘azl or by any other method. The permissibility of avoiding pregnancy is specifically for temporary pregnancy prevention. However, permanent prevention of pregnancy (such as tubectomy and vasectomy) and other measures that lead to permanent sterility are prohibited. It should not be done as it is a castration. Such actions are as likely to cut off offspring as castration.52
It is clear from the definitions of ‘azl and childfree given above that both ‘azl and childfree reject the idea that children can exist before they can do so. These two things are not all the same, though. ‘Azl is more of a rukhsah (relief) that Allah revealed to Muslims, allowing them to put off being pregnant due to specific conditions and be prepared to give birth once more when the time is perfect. A person may choose not to have children in their lifetime because they believe that having children would burden their lives. In
50 an-Nabhani (n 9)., pp. 260-263.
51 ibid.
52 ibid., p. 264.
contrast to the principle of childfree here, it is a choice made by a group of people and is the outcome of human cognition.
Based on Taqiyuddin an-Nabhani’s statement above, if childfree aims to delay having offspring and is done using non-permanent methods, then the law is permissible as the law of ‘azl. Whereas childfree who choose to live without having children for life and use permanent contraceptives such as vasectomy/tubectomy or other permanent contraceptives that can cause infertility, the law is forbidden because it is included in castration. This action is based on the law of tabattul. Both are contrary to Islamic law in that they can break the continuity of the human species.
According to Taqiyuddin Nabhani’s views above, the law is acceptable as the law of ‘azl if childfree is meant to defer having children and is accomplished via non-permanent techniques. In comparison, castration is prohibited by law for childfree people who wish to live without having children for the rest of their lives and use permanent contraceptives like vasectomy/tubectomy or other permanent contraceptives that can induce infertility.
The law of tabattul is the foundation for this activity. Both are against Islamic law because they can potentially halt the nature of the human race.
Conclusion
Based on the description that has been presented above, it can be concluded that according to Taqiyuddin an-Nabhani in his book an-Nizham al-Ijtima’ fi al-Islam, the law of ‘azl by analogy can also be applied to cases such as the use of medicine (birth control pills), condoms, or spirals to prevent pregnancy. All of these are the same issue because the arguments concerning the permissibility of ‘azl can be applied precisely to using these contraceptives. The use of these contraceptives is one of the ways of preventing pregnancy.
The rule says that it is permissible for the husband to prevent pregnancy, whether by doing ‘azl or using other methods. However, this permission to avoid pregnancy is only for temporary pregnancy prevention. Permanent prevention of pregnancy (such as tubectomy and vasectomy) and other measures that can lead to permanent sterility are prohibited. It should not be done because it is considered castration. Such treatment is as likely to cut off offspring as castration.
The relevance between ‘azl and childfree lies only in rejecting the presence of children before they potentially form. However, these two things are different. ‘Azl here is more of a concession that Allah revealed to Muslims to be able to postpone pregnancy due to certain factors that are prescribed and are willing to have a child again when the time is right.
Childfree is a principle or life choice adopted by a group of people, which is the product of human thought. It is the impact of the development of the current era, which is used as a person’s choice not to have children for the rest of their lives because they consider that children are a burden. Based on Taqiyuddin an-Nabhani’s opinion, childfree, which aims to delay having children and is done using non-permanent methods, is permissible as justified by the law of ‘azl. However, a childfree who chooses to live without having children for his entire life and uses permanent contraceptives such as vasectomy/tubectomy or other permanent contraceptives that can cause infertility is considered tabattul, the ruling of which is forbidden, like the laws of castration. Both are contrary to the Islamic law and are likely to endanger the continuity of the human species.
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