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Mohammad Jindan Alfayed Dewa Filhaq
Al-Azhar University, Egypt
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of Premarital Medical Testing in Islamic Family Law: A Maqasid al-Shari'ah Perspective Mohammad Amin; Dahlan Tamrin; Sachrawi Hidayat; Syahrasaddin Syahrasaddin; Mohammad Jindan Alfayed Dewa Filhaq; Naufal Rifqi Nasution
ISTIFHAM Vol 4 No 2 (2026) in Press
Publisher : Seutia Hukamaa Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71039/istifham.v4i2.191

Abstract

Premarital medical testing represents a critical yet underregulated aspect of Islamic family law in Indonesia. This study examines the urgency of premarital medical testing from the perspective of Maqasid al-Shari'ah, addressing three research questions: Why is premarital medical testing necessary? What is the urgency of such testing for prospective spouses? And how does premarital medical testing align with the objectives of Maqasid al-Shari'ah? Using normative juridical methodology grounded in library research, this study analyzes Qur'anic verses, Prophetic traditions, classical fiqh texts, and Indonesian statutory sources. The findings reveal that premarital testing addresses four critical health risks: sexually transmitted infections (HIV/AIDS, syphilis, hepatitis), hereditary conditions (thalassemia 6-10% carrier rate), fertility-related conditions (10-15% couples affected), and maternal-infant mortality factors. The study demonstrates that premarital testing aligns directly with Maqasid al-Shari'ah, primarily serving hifz al-nafs (protection of life) and hifz al-nasl (protection of progeny), categorized at hajiyyat level within daruriyyat objectives. The practice is justified through sadd al-dhara'i' (blocking pathways to harm) and dar' al-mafasid (prevention of harm) principles. Current Indonesian regulation (Joint Instruction No. 02/1989) is inadequate, mandating only TT immunization for females. The study recommends comprehensive national regulation mandating screening for both genders, BPJS Kesehatan integration, training for KUA officials, and adoption of Muslim-majority country models. This research contributes novel insights through daruriyyat-versus-hajiyyat distinction, Indonesian empirical data, and wajib kifayah versus wajib 'ayn mediation.
The Effectiveness of Advocacy for Domestic Violence Victims from the Perspective of Maqasid al-Shari'ah Yeni Kartikaningsih; Sachrawi Hidayat; Moh. Muhibbin; Nur Hasan; Mohammad Jindan Alfayed Dewa Filhaq
ISTIFHAM Vol 4 No 1 (2026)
Publisher : Seutia Hukamaa Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71039/istifham.v4i1.170

Abstract

Domestic violence is a serious violation of human rights that requires an institutional response beyond just legal measures. The Population, Family Planning, and Women's Empowerment Agency (BKKBPP) of Malang City plays a strategic, legally mandated role in providing integrated support to victims of domestic violence through legal aid, psychological counseling, medical assistance, and mediation. This research evaluates how effective BKKBPP's advocacy is in protecting and empowering victims and assesses its consistency with Maqasid al-Shari'ah's normative goals. Using a normative-empirical juridical approach based on primary field data and Islamic family law literature, the study reveals that BKKBPP's advocacy functions across three interconnected areas: legal (both litigative and non-litigative), psychosocial (trauma counseling and rehabilitation), and social mediation. Results show that when these areas operate collaboratively and focus on victims, the agency's efforts significantly improve victims' safety, mental health, and social reintegration. Challenges include victims' reluctance to report, limited resources, scheduling conflicts, and the diversity of victim profiles. From the perspective of Maqasid al-Shari'ah, BKKBPP's advocacy supports core Islamic legal goals such as protecting life (hifz al-nafs), intellect (hifz al-'aql), progeny (hifz al-nasl), and dignity. This study adds to the literature by illustrating that institutional advocacy aligned with Maqasid al-Shari'ah is both Jurisprudentially sound and practically vital for fully protecting victims of domestic violence in a Muslim society.
Co-Authors Dahlan Tamrin Moh. Muhibbin Mohammad Amin Naufal Rifqi Nasution Nur Hasan Sachrawi Hidayat Sachrawi Hidayat Syahrasaddin Syahrasaddin Yeni Kartikaningsih