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Syahrul Mubarak Subeitan
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Al-Mujtahid: Journal of Islamic Family Law
Published by Institut Agama Islam Negeri Manado
ISSN : 28092805     EISSN : 28090756     DOI : http://dx.doi.org/10.30984/ajifl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Mujtahid: Journal of Islamic Family Law mainly focuses on Islamic Family Law and Islamic Law. with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, and is intended to communicate the original researches and current issues on the subject. Detailed scopes of articles accepted for submission to Al-Mujtahid: Journal of Islamic Family Law are: 1. Study of the Islamic Social Institution of Family Law 2. Basic Study of Islamic Family Law Science 3. Islamic Family Law Dispute Resolution 4. Contemporary Study of Islamic Family Law 5. Islamic Family Law in the World
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Vasectomy in Indonesian Islamic Family Law: Reconstructing Ḍarūrah and Maṣlaḥah through Maqāṣid al-Sharīʿah Feninda Alaeiyka Selma Rasyid; Muhamad Fikri; Ahmad Fauzi; Zainab Mardhi Kazim
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4215

Abstract

This article examines the legal status of vasectomy in Indonesian Islamic family law by reconstructing the concepts of ḍarūrah and maṣlaḥah within the framework of maqāṣid al-sharīʿah. The issue is often reduced to a fixed halal–haram ruling, while contemporary debates involve reproductive health, male responsibility in contraception, family-planning policy, childfree decisions, and punitive bodily intervention. Using normative-critical legal research supported by socio-legal document analysis, this study examines classical and contemporary fiqh, maqāṣid scholarship, Indonesian fatwas and regulations, and medical studies on vasectomy. The findings show that the ruling cannot be determined by permanence alone. It must also consider the purpose of the procedure, the degree of necessity, informed consent, available alternatives, proportionality, and the balance between benefit and harm. Vasectomy remains presumptively prohibited because it permanently affects reproductive capacity and may conflict with ḥifẓ al-nasl and bodily integrity. Limited permission may be considered when a serious and verified threat affects life, health, or another protected family interest, and no safer reversible method is available. Lifestyle-based childfree choices and punitive use generally do not meet these requirements. The article proposes a five-stage model for assessing vasectomy in a more consistent and contextual manner.
Reformulating the Qur’anic Ideal Family through an SDGs-Based Approach Peni Alyanita; Syukri Syukri; Zainal Arifin Haji Munir; Yogi Sopian Haris; Ahbib Wildan Sholihi
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4217

Abstract

This study critiques conventional accounts of the ideal Islamic family that confine family functions to biological and domestic roles. It aims to reconstruct a Qur’anic-Sunnah model of the family that can engage the Sustainable Development Goals (SDGs) without assuming automatic equivalence between Islamic normativity and the global development framework. Using qualitative library research, the study combines thematic, critical, and integrative analysis and employs Jasser Auda’s systems-based maqāṣid al-sharīʿah as an umbrella analytical framework. The analysis identifies five relational pillars: tawḥīd as the axiological foundation; sakinah, mawaddah, and rahmah as relational ethics; justice and education as human-development mechanisms; al-mas’uliyyah as accountability; and ecological rahmah as the outward extension of family ethics. These pillars show conditional convergence with SDGs 3, 4, 5, 13, and 16 while also revealing tensions concerning gender norms, reproductive well-being, and the epistemological difference between theocentric and secular-developmental reasoning. The article’s novelty lies in a systems model that treats the family as a religious, humanistic, and ecological agent of civilization rather than merely a domestic unit.

Page 8 of 8 | Total Record : 72

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