Journal of General Education and Humanities
Vol. 5 No. 4 (2026): August

Vasectomy under Indonesian Statutory Law and Islamic Law: A Maqāṣid al-Sharīʿah Analysis of Legality and Household Economic Well-Being

Mukhammad Masduqi Zein (Universitas Islam Malang)



Article Info

Publish Date
26 Aug 2026

Abstract

Family planning is a key component of reproductive health policy and family welfare. However, the legal status of vasectomy in Indonesia remains complex because statutory law does not explicitly regulate vasectomy, while Islamic legal authorities have adopted differing positions on permanent contraception. This study examines the legality of vasectomy under Indonesian positive law and Islamic law and explores its potential socio-economic implications through welfare state theory and *maqāṣid al-sharīʿah*. Using a normative juridical design, the study applies statutory, conceptual, and comparative approaches to relevant health, population, and family-planning legislation, implementing regulations, Islamic legal rulings, and scholarly literature. The findings show that Indonesian positive law does not expressly prohibit or specifically designate vasectomy but provides a general legal basis for contraceptive services through the principles of reproductive rights, voluntariness, informed consent, patient safety, and professional standards. From the perspective of Islamic law, vasectomy may be conditionally permissible when relevant Islamic legal authorities establish specific requirements and its application remains consistent with the objectives of *maqāṣid al-sharīʿah*. The socio-economic implications identified in this study are conceptual rather than empirically measured and indicate that vasectomy may be assessed in relation to family welfare, reproductive responsibility, and access to health services. The study contributes an Integrative Vasectomy Legality Model that combines statutory legality, welfare state principles, and *maqāṣid al-sharīʿah* as a framework for evaluating vasectomy in the Indonesian legal and socio-religious context.

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Journal Info

Abbrev

gehu

Publisher

Subject

Humanities Languange, Linguistic, Communication & Media Mathematics Other

Description

The Journal of General Education and Humanities (GEHU) is a peer-reviewed scholarly online journal. The GEHU is published quarterly in February, May, August, and November. The GEHU is a non-profit journal whose publication is free of charge. The articles should be original, unpublished, and not ...