Analisis Komparatif Vasektomi dalam Perspektif Hukum Islam dan Hukum Keluarga di Berbagai Negara: Hak Pasangan, Persetujuan, dan Akibat Hukum

Studies of vasectomy in Islamic law have so far focused mainly on whether the procedure is permissible, while its consequences for the marital relationship have received little attention. This article analyses vasectomy as a whole from the perspectives of fiqh, family law, and health law in seven jurisdictions: Indonesia, Malaysia, Iran, Turkey, Tunisia, Bangladesh, and the United Kingdom. Using a normative juridical method with statutory, conceptual, case, and comparative approaches, it addresses three questions: the positions of the classical schools and contemporary fatwas; the status of spousal consent and its implications for the dissolution of marriage; and the legal consequences of vasectomy failure for lineage (nasab) and medical liability. The findings show the following. First, the schools’ views on ‘azl (coitus interruptus) provide the conceptual basis for involving the wife, because most schools recognise the wife’s right to offspring. Second, according to the majority view, a vasectomy performed without the wife’s knowledge does not automatically count as a defect (‘aib) that justifies judicial annulment (fasakh), but it may serve as grounds for divorce on the basis of continuous marital discord. Third, a pregnancy after vasectomy does not negate the child’s lineage, because the principle al-walad li al-firash (the child belongs to the marital bed) applies, and medical evidence must be examined before any accusation of adultery is made. Comparatively, English law emphasises individual consent and leaves the doctrine of wrongful conception unsettled, whereas Turkey expressly requires spousal consent. The article recommends that family law and health regulation in Muslim-majority countries clarify the involvement of spouses, the evidentiary weight of post-vasectomy examinations, and protection against coercion.