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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Manahij : Jurnal Kajian Hukum Islam
Ummi Bariroh
Universitas Airlangga Surabaya
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Vasectomy Beyond the Taboo: A Cross-Disciplinary Analysis of Biology, Law, and Religion in Indonesia Ummi Bariroh; Wahyu Nisawati Mafrukha; Syifara Chika; Anjani Putri Retnaninggalih; Elva Angie Calista
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 21 No. 1 (2026)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v21i1.24201

Abstract

Although vasectomy has been clinically proven to be safer and 30 times more effective than female sterilization, its prevalence among Indonesian Muslim men remains very low due to social stigma, religious ambiguity, and the gender-biased burden of contraception. This urgency prompted the present study to examine the reasons why Indonesian Muslim men choose vasectomy and how they overcome sociocultural barriers, focusing on four men from West Java, Jakarta, Bangka Belitung, and East Java. This study employed a descriptive qualitative method with a phenomenological approach to understand the personal experiences of men who underwent vasectomy. Data were collected through in-depth semi-structured interviews, then analyzed to uncover the meanings of their experiences, along with the practical and spiritual reasons behind their decisions. The findings reveal three main driving factors beyond vasectomy decision: maintaining family economic stability, ensuring children's psychosocial well-being, and protecting the wife's health from medical risks. Legally, a vasectomy aligns with constitutional rights and Ministry of Health Regulation No. 2 of 2025 on reproductive rights. Despite facing social stigma and gender pressures, the participants regarded vasectomy as a moral and responsible choice. The study further concludes that vasectomy can be understood as a form of maṣlaḥah within the framework of asy-Syāṭibī's maqāṣid asy-syarī’ah, as it aligns with the objectives of protecting life (ḥifẓ an-nafs), lineage (ḥifẓ an-nasl), and wealth (ḥifẓ al-māl). In this context, vasectomy is not merely a medical procedure; it is equally a moral, social, and spiritual act of male responsibility that supports gender equity in family planning.
Reconstructing Maqāṣid al-Nikāḥ: A Comparative Analysis of Gender Rights in Indonesian and Iranian Marriage Law Thoat Stiawan; Salman Al Farisi; Norcahyono; A Hisam Sidqi; Ummi Bariroh
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090//mnh.v20i2.15631

Abstract

The transformation of Islamic family law in the contemporary era demands a repositioning of maqāṣid al-nikāḥ to be more responsive to the protection of gender rights. Indonesia and Iran represent two different models of legal codification in translating the principle of substantive justice into marriage regulations. This study aims to dissect the dynamics of gender rights protection regarding polygamy, divorce, custody, and inheritance in Indonesia and Iran through the lens of Jasser Auda’s System Theory. This study is a qualitative research with a comparative-juridical approach. The analysis is conducted by comparing the normative texts of the Indonesian Compilation of Islamic Law (KHI) and the Iranian Civil Code (Qānūn-e Madanī), as well as functional data on their implementation in the courts. The results of the study indicate that Indonesia applies the “Judicial Formalism” model that prioritizes state intervention as a guarantor of women’s rights. In contrast, Iran applies the “Contractual Protection” model that relies on private autonomy in the marriage contract (‘aqd-nāmeh). Indonesia is more progressive in the flexibility of custody and joint property rights, while Iran is very strong in financial security through the mahrieh mechanism. This study concludes that the repositioning of maqāṣid al-nikāḥ from biological preservation to the protection of human dignity (karāmah al-insāniyyah) is highly dependent on the legal system’s openness to sociological realities and universal human rights standards.  
Co-Authors A Hisam Sidqi Anjani Putri Retnaninggalih Elva Angie Calista Norcahyono Salman Al Farisi Syifara Chika Thoat Stiawan Wahyu Nisawati Mafrukha