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All Journal Mazahibuna: Jurnal Perbandingan Mazhab Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Abolaji, Abdulraheem Taofeeq
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Maqāṣid al-Sharīʿah and the Ethics of Surrogacy: A Critical Appraisal of Lineage and Legal Certainty in Contemporary Islamic Law Hussein, Folorunsho Ahmad; Abolaji, Abdulraheem Taofeeq; Sodiq Gbolahan, Abdulsalam
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.56753

Abstract

The growing application of Assisted Reproductive Technologies (ARTs) in Muslim contexts suggests the need to examine the legal and ethical implications of surrogacy in the framework of Maqāṣid al-Sharīʿah (the objectives of Islamic law). Therefore, this study aims to assess the compatibility of surrogacy, both traditional and gestational forms, with the core objectives of Sharīʿah, particularly the preservation of religion (ḥifẓ al-dīn), life (ḥifẓ an-nafs), lineage (ḥifẓ al-nasl), and wealth (ḥifẓ al-māl). The methodology was based on a comprehensive textual analysis of Islamic legal sources, including the Qur’an, Sunnah, classical juristic writings, contemporary fatwas, and modern bioethical debates. By examining the materials, the analysis explored how surrogacy introduced legal and moral disruptions, particularly concerning lineage (nasab), maternal identity, inheritance, and the sanctity of the marital relationship. The results showed that surrogacy practices contradicted essential objectives of Islamic law by generating uncertainty in family structures, severing the connection between biological and legal motherhood, as well as undermining principles critical to Islamic family jurisprudence. These concerns were affirmed by the near-consensus among major Islamic juristic bodies, which categorized surrogacy as impermissible (ḥarām). The originality of this study is grounded in the systematic application of Maqāṣid al-Sharīʿah to a contemporary bioethical issue, showing the depth and coherence of Islamic legal reasoning in regulating modern reproductive technologies. In conclusion, enacting clear legislative prohibitions is recommended in Muslim-majority countries as well as continuous ijtihād to evaluate future biomedical developments in maqāṣid framework.
Pekerja Anak dalam Produksi Pertanian: Menilai Kembali Batasan Pekerjaan Anak Melalui Maqasid al-Syariah di Negara Bagian Kwara, Nigeria Abolaji, Abdulraheem Taofeeq
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.67111

Abstract

Kwara State, Nigeria, where agriculture remains the primary source of livelihood, continues to experience widespread child labour due to weak enforcement of labour regulations and persistent household poverty. Children's involvement in agricultural production frequently exceeds acceptable forms of work, exposing them to risks that threaten their health, education, and overall development. This study reassesses the limits of children's work in agricultural production through the perspective of Maqasid al-Shariah by examining whether existing practices are compatible with the Islamic objectives of child protection. This study employed a qualitative research design combining doctrinal analysis of Islamic legal sources with empirical field research. Primary data were collected through in-depth interviews and focus group discussions involving farmers, parents, children, and Islamic scholars in Kwara State. The data were analyzed thematically using the analytical framework of Maqasid al-Shariah. The findings reveal that child labour in agricultural production is primarily driven by poverty, limited access to education, and cultural norms that normalize children's economic participation. Although Islam recognizes the educational value of age-appropriate work and family responsibility, children's involvement in hazardous agricultural activities that interfere with education and endanger their physical and psychological well-being is inconsistent with the objectives of Maqasid al-Shariah, particularly the protection of life, intellect, lineage, and human dignity. The study further finds that the concept of maturity in Islamic law should not be interpreted as a justification for exploitative child labour. Reassessing the limits of children's work requires integrating labour regulations with the principles of Maqasid al-Shariah to establish a balanced framework that protects children's rights, prevents exploitation, and promotes sustainable human development in Kwara State, Nigeria.
Co-Authors Hussein, Folorunsho Ahmad Sodiq Gbolahan, Abdulsalam