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All Journal Al-Mujtahid: Journal of Islamic Family Law
Feninda Alaeiyka Selma Rasyid
Universitas Islam Negeri Mataram
Law, Crime, Criminology & Criminal Justice

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Vasectomy in Indonesian Islamic Family Law: Reconstructing Ḍarūrah and Maṣlaḥah through Maqāṣid al-Sharīʿah Feninda Alaeiyka Selma Rasyid; Muhamad Fikri; Ahmad Fauzi; Zainab Mardhi Kazim
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4215

Abstract

This article examines the legal status of vasectomy in Indonesian Islamic family law by reconstructing the concepts of ḍarūrah and maṣlaḥah within the framework of maqāṣid al-sharīʿah. The issue is often reduced to a fixed halal–haram ruling, while contemporary debates involve reproductive health, male responsibility in contraception, family-planning policy, childfree decisions, and punitive bodily intervention. Using normative-critical legal research supported by socio-legal document analysis, this study examines classical and contemporary fiqh, maqāṣid scholarship, Indonesian fatwas and regulations, and medical studies on vasectomy. The findings show that the ruling cannot be determined by permanence alone. It must also consider the purpose of the procedure, the degree of necessity, informed consent, available alternatives, proportionality, and the balance between benefit and harm. Vasectomy remains presumptively prohibited because it permanently affects reproductive capacity and may conflict with ḥifẓ al-nasl and bodily integrity. Limited permission may be considered when a serious and verified threat affects life, health, or another protected family interest, and no safer reversible method is available. Lifestyle-based childfree choices and punitive use generally do not meet these requirements. The article proposes a five-stage model for assessing vasectomy in a more consistent and contextual manner.
Co-Authors Ahmad Fauzi Muhamad Fikri Zainab Mardhi Kazim