Maqāṣid al-Syarī'ah's Analysis of Assisted Reproduction Arrangements in Article 111 of Government Regulation Number 28 of 2024

Abstract

Having children is a primary goal of marriage, but infertility prevents many couples from conceiving naturally. Medical advances such as Assisted Reproductive Technology (ART) like in vitro fertilization (IVF) offer solutions but also raise ethical and legal dilemmas, particularly concerning lineage clarity, the sanctity of marriage, and the bounds of reproductive technology under Islamic law. In Indonesia, IVF is regulated by Article 111 of Government Regulation No. 28 of 2024 as an implementing regulation of the Health Law. This study analyzes that provision through the lens of maqāṣid al-sharī‘ah using the framework of the five objectives of Islamic law (al-ḍarūriyyāt al-khams). A normative legal research method was employed with textual and conceptual approaches, based on library research of relevant laws, fatwas ( MUI and Majma’ Fiqh al-Islāmī), and literature on fiqh and maqāṣid. The analysis maps each clause of Article 111 onto the five maqāṣid categories. The results indicate that normatively Article 111 embodies principles protecting all five objectives of Islamic law, with lineage protection being dominant. Restrictions limiting ART to legally married infertile couples, requiring the spouses’ own gametes, involvement of authorized medical professionals, and prohibitions of third-party donation, surrogacy, and non-medical sex selection reflect a maqāṣid al-sharī‘ah-oriented approach. Nevertheless, the regulation’s implementation is not yet fully maqāsidī, requiring further reinforcement. This study recommends enacting a specific law on assisted reproductive technology and more comprehensive regulation (including cross-border practices) to optimally safeguard all five objectives.