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All Journal Hukum Islam LEGAL BRIEF
Amaliya, Nabila Salma
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Law, Crime, Criminology & Criminal Justice

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A Comparative Study on the Civil Relationship Between Fathers and Their Biological Children in Southeast Asia and the Middle East Amaliya, Nabila Salma
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1439

Abstract

Legally, every citizen possesses civil rights that must be protected. However, not all children are born into favorable circumstances. Some are born within lawful marriages, while others are born outside marital bonds. This study examines the civil relationship between fathers and their biological children in selected Southeast Asian countries, namely Indonesia and Malaysia, as well as Middle Eastern countries such as Kuwait and Morocco. The objective is to analyze the legal framework governing the status, rights, and obligations of fathers toward their biological children in these four jurisdictions. The research employs a normative juridical method with a qualitative and comparative approach. Findings reveal that in Indonesia, dualism exists among the Civil Code, the Marriage Law, and the Compilation of Islamic Law. In Malaysia, the civil relationship between a biological father and a child born out of wedlock is strictly limited under the National Fatwa Council and the Islamic Family Law Act, denying nasab, maintenance, and inheritance rights from the biological father. Similarly, Kuwaiti family law recognizes civil relations only through valid marriage. In Morocco, paternal civil relations are legally acknowledged solely when the child is born within a lawful marriage
Kebijakan Vasektomi Sebagai Instrumen Perencanaan Keluarga Perspektif Maqashid Al-Usrah Jamaluddin Athiyyah Callysta, Nabiela Rafa; Amaliya, Nabila Salma; Firmansyah, Firmansyah; Suwandi, Suwandi; Saifullah, Saifullah
Hukum Islam Vol 26, No 1 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v26i1.38199

Abstract

This study aims to analyze vasectomy policy as a family planning instrument through the lens of Maqashid al-Usrah formulated by Jamaluddin Athiyyah. Using a qualitative method and a normative-juridical approach, the study examines legal regulations, religious fatwas, Islamic literature, and relevant medical data. The findings reveal that although vasectomy is a permanent contraceptive method, it does not inherently contradict Islamic principles if performed voluntarily, based on mutual consent, and not intended as irreversible sterilization. From the Maqashid al-Usrah framework, vasectomy can represent: (1) Tanzhim al-‘Alaqah baina al-Jinsayn justice and shared responsibility between spouses; (2) Hifz an-Nasl responsible limitation to protect the quality of offspring; (3) Tahqiq as-Sakan wa al-Mawaddah wa ar-Rahmah preservation of emotional harmony and spousal compassion through health-oriented decisions; (4) Tanzhim al-Janib al-Mu’assis lil Usrah collective and ethical family decision-making; and (5) Tanzhim al-Mal lil Usrah financial stability through proportional family planning. This study argues that a contextual maqashid approach allows vasectomy to be understood not as prohibited sterilization, but as a preventive measure for long-term family welfare. The implication of this research underscores the urgency of formulating family policies that are just, Sharia-compliant, and uphold the reproductive rights of both partners
Co-Authors Callysta, Nabiela Rafa Firmansyah Firmansyah Saifullah Saifullah Suwandi Suwandi