Selamat datang di
Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

Female Genital Mutilation/Cutting (FGM/C), commonly referred to in
Indonesia as female circumcision, is a practice situated at the intersection of
tradition, religion, reproductive health, child protection, and law. In Indonesia, the
practice has generated debate because of the different approaches reflected in MUI
Fatwa No. 9A of 2008, which positions female circumcision as makrumah with the
limitation that it must not cause harm, and Government Regulation No. 28 of 2024,
which expressly includes the elimination of female circumcision as part of
reproductive health efforts for infants, toddlers, and preschool children. Law No.
12 of 2022 on Sexual Violence Crimes is also relevant for examining this practice
from the perspective of bodily integrity, reproductive organs, and the dignity of
women.
This research aims to analyse FGM/C from three principal perspectives: the
Indonesian Ulema Council (Majelis Ulama Indonesia/MUI), the Ministry of Health,
and the Ministry of Women’s Empowerment and Child Protection. The study
employs a normative-empirical legal research method with a qualitative approach.
Data were obtained through document study of legislation, fatwas, academic
literature, and official documents, and were strengthened by expert interviews with
relevant institutions. The analysis links positive legal norms, maqashid sharia
principles, health policy, and approaches to the protection of women and children.
The findings show that MUI Fatwa No. 9A of 2008 cannot be understood
as a justification for FGM/C in its modern sense, namely procedures involving
cutting, wounding, or non-medical acts that endanger the female body. The fatwa
itself limits the practice by prohibiting excessiveness and dharar. From the Ministry
of Health’s perspective, Government Regulation No. 28 of 2024 indicates a policy
shift from medicalisation toward the elimination of female circumcision as part of

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the protection of children’s reproductive health. Meanwhile, the Ministry of
Women’s Empowerment and Child Protection places FGM/C within the framework
of children’s and women’s rights because the practice concerns bodily integrity,
consent, dignity, and the potential for gender-based violence.
This study concludes that the meeting point between national law and
Islamic law in the issue of FGM/C lies in the principle of preventing harm and
protecting the bodies of girls. Therefore, eliminating FGM/C requires a harmonious
approach that integrates state regulation, maqashid sharia principles, health
education, child protection, and the involvement of religious and community
leaders.

34/PMH/026

34/PMH/026

Perpustakaan FSH Lantai 4

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