<![CDATA[Surrogacy remains prohibited under Indonesian law, yet the prohibition leaves significant gaps in protecting children born through surrogacy and gestational carriers. This article examines the paradox of the prohibition of surrogacy in Indonesia by analyzing the relationship between maqāṣid al-sharī‘ah and Indonesian positive law in light of Minister of Health Regulation No. 2 of 2025. This study employs normative legal research using statutory, conceptual, and comparative approaches. Legal materials, Islamic texts, institutional fatwas, and relevant medical literature are analyzed through maqāṣid al-sharī‘ah and qawā‘id fiqhiyyah. The findings demonstrate that Islamic law and Indonesian positive law converge in prohibiting surrogacy and associating motherhood with childbirth and fatherhood with marriage. However, the current regulatory framework primarily imposes administrative sanctions on healthcare providers while leaving unresolved the legal status of surrogate-born children, the consequences of void agreements, the protection of gestational carriers, and the accountability of commercial intermediaries. This regulatory gap conflicts with the objectives of protecting lineage (ḥifẓ al-nasl), life and health (ḥifẓ al-nafs), and property (ḥifẓ al-māl). The article proposes a prohibition-protection framework that strengthens the ban through statutory regulation, proportionate sanctions, child-centered legal safeguards, guaranteed medical care for gestational carriers, and lawful reproductive alternatives, including uterus transplantation. It argues that effective prohibition must prevent harm without transferring its consequences to vulnerable parties.]]>
