The Urgency of a Fatwa from the
Indonesian Ulema Council on the Practice of Egg Freezing : A Maqāṣid al-Sharīʿah
Perspective.
The modern reproductive technology, which has brought about various medical
innovations offering new opportunities for women to preserve their reproductive potential, one
of which is through the practice of egg freezing. This phenomenon has become increasingly
relevant as the trend of delaying marriage and pregnancy ages in Indonesia continues to rise,
although medically, this procedure is considered a preventive solution to maintain egg quality.
This practice has the potential to raise legal and religious issues, particularly regarding the
clarity of lineage, marital status, ownership of eggs, and the protection of the objectives of
Islamic law (maqāṣid al-syarī‘ah). To date, Indonesia has not issued an official fatwa
specifically regulating the practice of egg freezing, thereby creating a need for comprehensive
Islamic legal guidelines. This study aims to analyze the practice of egg freezing from the
perspective of maqāṣid al-syarī‘ah and to examine the urgency of issuing an MUI fatwa through
an analysis of scholars’ responses to previously issued fatwas on modern reproductive
technologies, particularly the fatwa on in vitro fertilization (IVF).
This study is a normatie legal study employing a conceptual approach. Legal sources
consist of secondary legal materials, including the Qur’an, hadith, and MUI fatwas, as well as
books, scientific journals, and relevant academic works. The analysis is conducted using a
descriptive-analytical method within the framework of maqāṣid al-syarī‘ah, specifically the
principle of protecting the lineage (ḥifẓ al-nasl).
The results of the study indicate that the practice of egg freezing holds potential benefits
in preserving women’s reproductive opportunities, yet it also carries potential harms if not
clearly regulated, particularly regarding issues of lineage and the legitimacy of future egg
usage. An analysis of scholars’ responses regarding in vitro fertilization (IVF) technology
indicates that the maqāṣid al-syarī‘ah approach and the principle of precaution (sadd al-
dharī‘ah) are the primary considerations in issuing fatwas. Therefore, the issuance of a specific
fatwa regarding egg freezing in Indonesia is crucial to address public concerns regarding the
increasingly widespread practice of egg freezing, as well as to protect Sharia values and provide
legal certainty for the Muslim community.
| 40/MH/2026 | 40/MH/2026 | Perpustakaan FSH Lantai 4 | Tersedia |
Penerbit
Fakultas Syariah dan Hukum :
UIN Syarif Hdayatullah Jakarta.,
2026
Deskripsi Fisik
ix, 83 hal; 25 cm
Pernyataan Tanggungjawab
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