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Hidayat, Sachrawi
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Islamic Legal Perspective on IVF Program to Maintain Household Harmony Nurlaili, Defyta Nadhila; Hidayat, Sachrawi; Muhibbin, Moh.; Rodhafi, Dzulfikar; Atho’ilah, Ibnu
ISTIFHAM Vol 4 No 1 (2026)
Publisher : Seutia Hukamaa Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71039/istifham.v4i1.153

Abstract

This study examines the Islamic legal perspective on the In Vitro Fertilization (IVF) program as a means of maintaining household harmony. Infertility constitutes a significant challenge for many married couples, often generating emotional distress, social stigma, marital conflict, and, in some cases, the dissolution of marriage. Using normative juridical research and a library-based methodology, this article systematically reviews primary Islamic legal sources—the Qur'an, Hadith, classical and contemporary fiqh texts—as well as the fatwas of major Indonesian and international Islamic jurisprudential bodies. The study finds that IVF is permissible (mubah) under Islamic law when the sperm and ovum belong exclusively to a lawfully married couple, and the embryo is implanted in the wife's own uterus. Conversely, IVF conducted using donor sperm, donor eggs, or a surrogate womb is categorically prohibited (haram) because it leads to the mixing of lineage (ikhtilat al-nasab), resembles adultery in its legal consequence, and violates the overarching objectives of Islamic law (Maqasid al-Shari'ah), particularly the protection of lineage (hifz al-nasl). The article further argues that permissible IVF contributes positively to household harmony by fulfilling the Islamic ideal of a complete sakinah, mawaddah wa rahmah family, while prohibited forms introduce irreversible legal, ethical, and social complications that undermine marital stability. This research adds to the scholarly discourse by integrating contemporary medical realities with classical fiqh analysis and the concept of Maslahah Mursalah.
The Effectiveness of Premarital Counseling on Understanding the Sakinah, Mawaddah, and Rahmah Family Concept at the Bululawang Office of Religious Affairs Robbani, Muhammad Asrorur; Hidayat, Sachrawi; Madyan, Syamsu; Muhibbin, Moh.; Ardiansyah, Muhammad
ISTIFHAM Vol 4 No 1 (2026)
Publisher : Seutia Hukamaa Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71039/istifham.v4i1.155

Abstract

This study aims to analyze the effectiveness of the premarital counseling program organized by the Office of Religious Affairs (Kantor Urusan Agama/KUA) of Bululawang District, Malang Regency, in enhancing prospective brides’ and grooms’ knowledge of the concepts of sakinah, mawaddah, and rahmah in family life. The high divorce rate in Indonesia—reaching 480,618 cases in 2021, with 110 cases recorded in Bululawang District alone in 2022—constitutes the underlying urgency of this research. This study employs a descriptive, qualitative approach using field research methods. Data were collected through participant observation, in-depth interviews, and documentation. Informants included the head of the KUA, marriage counselors, program facilitators, and ten pairs of prospective brides and grooms. The findings indicate that: (1) the premarital counseling program at the KUA of Bululawang has been implemented in accordance with the Regulation of the Director General of Islamic Community Guidance (Bimas Islam) Number 379 of 2018, encompassing six core modules delivered using andragogical methods; (2) supporting factors include the availability of instructional modules, the capacity of certified facilitators, and adequate facilities and infrastructure, while inhibiting factors comprise budget constraints, the absence of mandatory participation regulations, and suboptimal participant engagement; (3) overall, the premarital counseling program has proven effective in enhancing both the knowledge and psychological readiness of prospective couples, with the average readiness score reaching 74.65%. This study recommends strengthening regulations to mandate participation in premarital counseling programs and increasing budget allocations for the KUA.
The Effectiveness of Advocacy for Domestic Violence Victims from the Perspective of Maqasid al-Shari'ah Kartikaningsih, Yeni; Hidayat, Sachrawi; Muhibbin, Moh.; Hasan, Nur; Filhaq, Mohammad Jindan Alfayed Dewa
ISTIFHAM Vol 4 No 1 (2026)
Publisher : Seutia Hukamaa Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71039/istifham.v4i1.170

Abstract

Domestic violence is a serious violation of human rights that requires an institutional response beyond just legal measures. The Population, Family Planning, and Women's Empowerment Agency (BKKBPP) of Malang City plays a strategic, legally mandated role in providing integrated support to victims of domestic violence through legal aid, psychological counseling, medical assistance, and mediation. This research evaluates how effective BKKBPP's advocacy is in protecting and empowering victims and assesses its consistency with Maqasid al-Shari'ah's normative goals. Using a normative-empirical juridical approach based on primary field data and Islamic family law literature, the study reveals that BKKBPP's advocacy functions across three interconnected areas: legal (both litigative and non-litigative), psychosocial (trauma counseling and rehabilitation), and social mediation. Results show that when these areas operate collaboratively and focus on victims, the agency's efforts significantly improve victims' safety, mental health, and social reintegration. Challenges include victims' reluctance to report, limited resources, scheduling conflicts, and the diversity of victim profiles. From the perspective of Maqasid al-Shari'ah, BKKBPP's advocacy supports core Islamic legal goals such as protecting life (hifz al-nafs), intellect (hifz al-'aql), progeny (hifz al-nasl), and dignity. This study adds to the literature by illustrating that institutional advocacy aligned with Maqasid al-Shari'ah is both Jurisprudentially sound and practically vital for fully protecting victims of domestic violence in a Muslim society.
Co-Authors Atho’ilah, Ibnu Filhaq, Mohammad Jindan Alfayed Dewa Kartikaningsih, Yeni Madyan, Syamsu Mohammad Muhibbin Muhammad Ardiansyah Nur Hasan Nurlaili, Defyta Nadhila Robbani, Muhammad Asrorur Rodhafi, Dzulfikar