ISTIFHAM
Vol 4 No 2 (2026) in Press

The Urgency of Premarital Medical Testing in Islamic Family Law: A Maqasid al-Shari'ah Perspective

Mohammad Amin (Universitas Islam Malang)
Dahlan Tamrin (Islamic University of Malang, Indonesia)
Sachrawi Hidayat (Islamic University of Malang, Indonesia)
Syahrasaddin Syahrasaddin (Sulthan Thaha Saifuddin State Islamic University Jambi, Indonesia)
Mohammad Jindan Alfayed Dewa Filhaq (Al-Azhar University, Egypt)
Naufal Rifqi Nasution (University Utara Malaysia)



Article Info

Publish Date
05 Jun 2026

Abstract

Premarital medical testing represents a critical yet underregulated aspect of Islamic family law in Indonesia. This study examines the urgency of premarital medical testing from the perspective of Maqasid al-Shari'ah, addressing three research questions: Why is premarital medical testing necessary? What is the urgency of such testing for prospective spouses? And how does premarital medical testing align with the objectives of Maqasid al-Shari'ah? Using normative juridical methodology grounded in library research, this study analyzes Qur'anic verses, Prophetic traditions, classical fiqh texts, and Indonesian statutory sources. The findings reveal that premarital testing addresses four critical health risks: sexually transmitted infections (HIV/AIDS, syphilis, hepatitis), hereditary conditions (thalassemia 6-10% carrier rate), fertility-related conditions (10-15% couples affected), and maternal-infant mortality factors. The study demonstrates that premarital testing aligns directly with Maqasid al-Shari'ah, primarily serving hifz al-nafs (protection of life) and hifz al-nasl (protection of progeny), categorized at hajiyyat level within daruriyyat objectives. The practice is justified through sadd al-dhara'i' (blocking pathways to harm) and dar' al-mafasid (prevention of harm) principles. Current Indonesian regulation (Joint Instruction No. 02/1989) is inadequate, mandating only TT immunization for females. The study recommends comprehensive national regulation mandating screening for both genders, BPJS Kesehatan integration, training for KUA officials, and adoption of Muslim-majority country models. This research contributes novel insights through daruriyyat-versus-hajiyyat distinction, Indonesian empirical data, and wajib kifayah versus wajib 'ayn mediation.

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Journal Info

Abbrev

istifham

Publisher

Subject

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

Description

ISTIFHAM is a leading peer-reviewed and open-access journal, which publishes scholarly works of researchers and scholars from around the world, and specializes in Islamic Studies. ISTIFHAM focuses on publishing high-quality scientific articles that emphasize contemporary issues in the fields of ...