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All Journal Ma'mal: Jurnal Laboratorium Syariah dan Hukum Tadabbur: Jurnal Integrasi Keilmuan
Alami, Syifaul
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Religion Law, Crime, Criminology & Criminal Justice

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Konsep Mar’atun Salihah dan Implementasinya pada Mahasantri Ma’had al-Jami’ah Alami, Syifaul; Zalida, Wardhia; Najwa, Alilah
Tadabbur: Jurnal Integrasi Keilmuan Vol. 2 No. 02 (2023): Tadabbur: Jurnal Integrasi Keilmuan
Publisher : Mahad Al Jamiah UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/tadabbur.v2i02.41139

Abstract

Being a woman is a natural thing that must be appreciated, because Islam highly upholds the rights and dignity of women. However, being a woman can be a disaster or a blessing, because women can be the key to heaven but can also be an extraordinary trial if we ignore our obligations as women in Islam. The purpose of this study is to explain the concept of mar'ah sholihah in Islam and find its implementation in students in the current era. To become a pious woman requires knowledge and a strategy and deep sincerity. Women in Islam have special virtues and positions. Position as a creation of Allah, child, wife, and even a mother. The method used is descriptive qualitative, namely describing the concept of mar'ah salihah and analyzing its implementation in students of the Ma'had al-Jami'ah. This study produces findings regarding the main concept of mar'ah sholihah, namely loyalty, obedience, and responsibility of women in carrying out religious orders
The Paradox of Surrogacy Prohibition in Indonesia: Maqāṣid al-Sharī‘ah, Indonesian Positive Law, and the Protection Gap under Minister of Health Regulation No. 2 of 2025 Syahridho, Muhammad Fadhil; Alami, Syifaul; Nabil, Muhammad Ahnaf; Komarudin, Komarudin
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 7 No. 3 (2026): June
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i3.668

Abstract

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.
Co-Authors Komarudin Komarudin Nabil, Muhammad Ahnaf Najwa, Alilah Syahridho, Muhammad Fadhil Zalida, Wardhia