STATUS NAFKAH BAGI PASANGAN CHILDFREE BERDASARKAN KONSEP TAMKIN DALAM KOMPILASI HUKUM ISLAM

Abstract

The development of the feminist movement in Indonesia has been quite rapid. One e of the issues brought up by the feminist movement is childfree, namely the voluntary choice not to have children. Regardless of the various motives, this view is very contrary to the condition of social society in Indonesia, where the majority adhere to the Islamic religion, especially if this choice is brought into the realm of marriage. In the Compilation of Islamic Law, one of the mandatory conditions for alimony is tamkin, namely the wife's complete surrender of herself to her husband. Based on these rules, the husband is not obliged to provide alimony to his wife if the wife does not surrender herself completely to her husband. The aim of this research is to explain the alimony status of couples who choose not to have children based on the concept of tamkin in the Compilation of Islamic law. This research uses a normative method with a conceptual and statutory approach. The results obtained are that the alimony status for wives who choose childfree can fall if this choice comes unilaterally from the wife without the husband's approval because there is no perfect tamkin from the wife. If the choice of childfree comes from the husband's side or is agreed upon by the husband and wife, the wife still has the right to  alimony.