Sexual and Reproductive Rights in Islamic Perspective and

Kemuhammadiyahan

Nurul Huriah Astuti

and Ony Linda

Study programme of public health, Faculty of health sciences, Universitas Muhammadiyah Prof. Dr. HAMKA, South

Jakarta, Indonesia

Keywords: Islamic perspective and kemuhammadiyahan, Reproductive rights, Sexual right

Abstract: Research on the verses of the Qur'an and Hadith of the Prophet Muhammad SAW obtained more than 30

surah or chapters (26.3%) and 93 verses (1.5%) talked about sexual and reproductive rights. This study aims

to provide an understanding of sexual and reproductive rights in the perspective of Islam and

Muhammadiyah. This study used a qualitative research design with library review methods (literature

review) and deep interviews. This study explains six principle points of sexual relations in Islam: sexual

relations is one of natural tendencies, not a taboo object; sexual intercourse is carried out in a sacred frame

of marriage; one of the conditions for marriage in Islam is baligh (mature); sexual relations are carried out

by a pair of different sexes couples; sexual relations have three goals; and there are restrictions in sexual

relations. This study showed that the main sources of reference in the Islamic religion have absolutely

regulated sexual and reproductive rights. Those references have profoundly considered the rights of human.

1 INTRODUCTION

Reproductive health was initiated as a separate

discipline in the early 1970s at a congress on

women's health in Brazil (Mohammad, 2007). Over

time, the concept of reproductive health became

more widespread. At the 1994 World Population and

Development (ICPD) conference in Cairo, 179

countries in the world had set up an international

framework on health and reproductive rights

(UNFPA, 1994). At the conference, world leaders,

UN agencies, and representatives of Non-

Governmental Organizations (NGOs) agreed on a

plan of action that included a chapter on health and

reproductive rights in their agreements, namely

Chapter VII. In this chapter a definition of

reproductive health was formulated which was then

followed by the formulation of sexual rights and

reproductive health known as Sexual and

Reproductive Health and Right (SRHR) (UNFPA,

1994).

Sexual health in the ICPD 1994 was formulated

as fundamental to achieve physical and emotional

health and well-being of individuals, partners, and

families. It was also important for the economic and

social development of the society and the State

(WHO, 2010). Reproductive health is a perfect state

of physical, mental, and social welfare, instead of a

mere absence of reproductive diseases or disabilities.

Reproductive health is related to reproductive

processes, functions, and systems at all stages of life.

Therefore, in the ICPD 1994, it was stated that

reproductive health has an impact on the ability of

everyone to gain satisfaction in the safety of their

sexual lives and they have the ability to reproduce

and the freedom to determine when, how, and how

often they have sexual intercourse (UNFPA, 1994).

The consequence of this is that every male and

female must be informed and has the access to a

family planning method of their choice that is safe,

effective, affordable, and acceptable, as well as other

methods of their choice for non-resistance fertility

arrangements law. Besides, they, especially women,

should also have rights to access appropriate health

services to ensure safe conditions during pregnancy

and childbirth. Further, all couples should have the

Astuti, N. and Linda, O.

Sexual and Reproductive Rights in Islamic Perspective and Kemuhammadiyahan.

DOI: 10.5220/0008370400120019

In Proceedings of the 1st International Conference on Social Determinants of Health (ICSDH 2018), pages 12-19

ISBN: 978-989-758-362-9

best opportunity to have healthy babies (UNFPA,

1994).

Indonesia is a country with the largest Muslim

population. It is a necessity for every Muslim to

always synchronize every attitude and behavior

referring to the guidance in his or her religion.

Previous research stated that Islamic Shari'a is a

code of moral and religious law from Islam

(Gbadomosi, 2011). Shari'a refers to the whole

system which includes the terms of reference

governing the lives of Muslims, either public or

personal life. Islamic Shari'a involves law and

institutions that implement Islamic law originating

from primary sources, namely the Qur'an and

Sunnah, ijma' (scholars' consensus), and qiyas

(analogy) (Gbadomosi, 2011). Global sexual and

reproductive rights have been agreed upon in the

1994 ICPD in Cairo, but it is also important to know

how sexual and reproductive health rights are in

accordance with sharia requirements. Long before

1994, Islam had regulated sexual and reproductive

rights for its followers. The Islamic concept related

to sexual and reproductive rights can be seen in

many verses in the Qur'an. Previous research on the

verses of the Qur'an and the Hadith of the Prophet

Muhammad showed that more than 30 surah or

chapters (26.3%) and 93 verses (1.5%) spoke about

sexual and reproductive rights (Janghorban, 2015).

The verses consist of 19 chapters (63.3%) of Makki

verses and 11 surah or chapters (36.7%) of Madani

verses. The chapter of Al-Baqarah, according to the

study, is the most revealing verse about sexual rights

and reproductive health. The Qur'an respects every

human being, both male and female, related to

sexual and reproductive issues. According to the

Qur'an, it is a shared responsibility, both wife and

husband, to carry out sexual and reproductive

relations with full peace and satisfaction in their

married life (Janghorban, 2015). An article

mentioned that it is nearly impossible that humans

consider health issues as well as sexual and

reproductive rights without simultaneously

considering the role of religion (Gbadomosi, 2011).

This study aims to provide an understanding of

sexual and reproductive rights in the perspective of

Islam and Kemuhammadiyahan. The side of

Kemuhammadiyahan was taken because

Muhammadiyah was an Islamic organization that

had been established since November 18, 1912 by

KH. Ahmad Dahlan. This Muhammadiyah

organization is one of the largest religious

organizations in Indonesia. Muhmmadiyah has a

Tarjih Majlis which releases fatwas or instructions

not only relating to the lives of Muslims but also

regarding the disputed issues of Muhammadiyah

cadres.

2 SUBJECTS AND METHODS

This study used a qualitative research design

through library review methods (literature review)

and deep interviews. This research conducted a

content analysis of Arabic, English, and Indonesian

literature. Those literatures were mostly obtained on

the internet, but it is ensured that they are of good

quality. On behalf of Arabic literature, the

researchers were assisted by experts who are

accustomed to translate various Arabic texts.

After the sources were obtained and translated

(specifically in Arabic language), the researchers

made a matrix related to the theme of the research.

The first matrix was about the rules of sexual

relations in the perspective of Islam and

Kemuhammadiyahan, while the second one was

about sexual rights. Furthermore, the researchers

conducted in-depth interviews with informants of

the Aisyiyah Central Leadership that represent

Muhammadiyah's views on sexual and reproductive

rights. Aisyiyah is an autonomous female

organization of Muhammadiyah that has experience

in concepts and practices; one of them is sexual and

reproductive rights.

3 RESULTS

Islam has certain rules in sexual relations. The

results of this study indicated that there were six

rules of sexual relations in the perspective of Islam

and Kemuhammadiyahan. The six rules included the

principles and conditions of sexual relations, the

purpose of sexual relations, and prohibitions in

sexual relations. In more detail, the six rules were

(1) sexual relations in Islam are natural tendencies

(fitrah), not taboo objects, (2) sexual intercourse is

carried out in a sacred frame of marriage, (3) the

requirement for marriage in Islam is mature (baligh),

though there is no explicit limit on the minimum

age, both for men and women, (4) sexual relations

are carried out by couple of different genders,

namely men and women, (5) sexual relations have

three objectives, such as reproductive function,

health function, and recreational function, and (6)

there are prohibitions in sexual relations like having

incest, having sexual relations in menstruation and

Sexual and Reproductive Rights in Islamic Perspective and Kemuhammadiyahan

postnatal period, having special relationships with

siblings, and having anal sex (table 1).

Table 1: Rules of sexual relations in the Islamic and

Kemuhammadiyahan

Rules of Sexual Relations/Intercourse in Islam

1. Sexual relations in Islam are natural

tendencies (fitrah), not taboo objects.

2. Sexual intercourse is carried out in a sacred

frame of marriage.

3. The requirement for marriage in Islam is

mature (baligh), though there is no explicit

limit on the minimum age, both for men and

women.

4. Sexual relations are carried out by couple of

different genders, namely men and women.

5. Sexual relations have three objectives, such as

reproductive function, health function, and

recreational function.

6. There are prohibitions in sexual relations like

having incest, having sexual relations in

menstruation and postnatal period, having

special relationships with siblings, and having

anal sex.

Aisyiyah's view of sexual relations rules in Islam

is:

“... from the beginning they were created into

men and women with the sexual consequences of

hormones that regulate the body's metabolism. One

of the distributions of sexual hormones is the

function of sexual relations. Well, the desire for the

function of sexual relations is what then in the

context of religion must be maintained properly ...

the term is purity. …… If you put it in the wrong

place? Yes, because it has an influence on the body's

metabolism, one day it can be dangerous to cause

illness ... cervical cancer…. sexually transmitted

disease”. (Dr. S.PYH, M.Kes, SPOG).

As for sexual rights and reproductive health, the

results of the study obtained nine sexual and

reproductive rights in an Islamic perspective. This

finding confirmed that Islam also pays attention to

reproductive health issues. As for the ninth sexual

and reproductive right in Islam were (1) every

Muslim has the right to get sexual

education/reproductive health from an early age in

accordance with the concept of Islamic law; (2)

husbands and wives have the right to have sexual

relations guaranteed for their health, both physically

and mentally, through marriage institutions in

accordance with the concept of Shari'a; (3) husbands

and wives have the right to get sexual satisfaction

and pleasure in a balanced manner; (4) the husband

has the right to ask for sexual relations with his wife

whenever he needs, but the husband must also

understand the condition (obstruction) of his wife,

such as menstruation, tiredness, illness, etc.,; (5) the

wife has the right to get stimuli (foreplay, etc.)

before sexual intercourse takes place; (6) husbands

and wives have the right to get the privacy and

confidentiality of every sexual relationship they do;

(7) the wife has the right to earn a living from her

husband because reproductive terminology in Islam

is not only biological but also social; (8) every fetus

has the right to live, grow and develop. Therefore

abortion is only obtained in very emergency

situations with consideration of jurisprudence; and

(9) every couple has the right to regulate the birth of

a child (not to limit the number of children) by the

method of contraception that is permitted by the

Shari'a (table 2).

Table 2: Sexual and reproductive rights in Islam.

Sexual and Reproductive Rights in Islam

1. Every Muslim has the right to get sexual

education/reproductive health from an early

age in accordance with the concept of

Islamic law.

2. Husbands and wives have the right to have

sexual relations guaranteed for their health,

both physically and mentally through

marriage institutions in accordance with the

concept of Shari'a.

3. Husbands and wives have the right to get

sexual satisfaction and pleasure in a

balanced manner

4. The husband has the right to ask for sexual

relations with his wife whenever he needs,

but the husband must also understand the

condition (obstruction) of his wife, such as

menstruation, tiredness, illness, etc.

5. The wife has the right to get stimuli

(foreplay, etc.) before sexual intercourse

takes place.

6. Husbands and wives have the right to get

the privacy and confidentiality of every

sexual relationship they do.

7. The wife has the right to earn a living from

her husband because reproductive

terminology in Islam is not only biological

but also social.

8. Every fetus has the right to live, grow and

develop. Therefore abortion is only

obtained in very emergency situations with

consideration of jurisprudence law.

9. Every couple has the right to regulate the

birth of a child (not to limit the number of

children) by the method of contraception

that is permitted by the Shari'a.

ICSDH 2018 - International Conference on Social Determinants of Health

Asyiyah's view of reproductive health education

is:

“Reproductive health is divided into early

childhood health and adolescent health. At that

early age they did have to be told, even since they

were in a playgroup or in a kindergarten ... certainly

not from dangerous pictures or porn, which was

always feared. Even though ... sexual relations is

only one of the domains (reproductive health, red).

The other domains are how to maintain their health,

how they can do screening and so on. ... If in early

reproduced (age, red), they actually know, "I am a

woman, you are man", then in the lesson given how

they give respect to the opposite sex. If it can be

embedded from a small level, no need to be afraid of

the current situation. From childhood they already

knew that there were women who had to be

respected, there were men who had to be

respected”. (Dr. SPYH, M.Kes, SPOG).

While the Aisyiyah's view of the wife's

obligation to serve her husband's sexual desire is:

“... for a woman, to serve sexual relations with

her husband, that is a mandatory law. I think we are

firm, compulsory, mandatory in the context of being

in the direction of the harmonious and affectionate

(sakinah mawaddah wa rohmah) family because this

relationship intends not only to improve the welfare

and happiness of each individual husband and wife

but also to reproduce. So, the context is to make

them happy as individuals, as well as to get

offspring. In modern science, the wife is recreation

and reproduction”. (Dr. S.PYH, M.Kes, SPOG).

Then about abortion, Aisyiyah views are:

"... The abortion is permitted but the context

must be for strong medical indications and because

of rape victims".

“... because it's been 120 days, in spiritual

context it is because the spirit has been blown. But

actually in the health context... at the age of 12

weeks and above (in fetes phase) is organogenesis,

organ formation is completed in the first trimester ...

so that we actually become more ... evil ... more

inhuman if we end (do abortion, red) above the first

trimester. Then second, because the placenta has

worked well. The placenta which connects the

circulation of the mother to the baby is perfectly

closed, so abortion at the age of more than 120 days

would cause babies and mothers to be in the brink of

death because of the risk of bleeding ...”. (Dr.

SPYH, M.Kes, SPOG).

Regarding of sterilization, Aisyiyah view is:

“... the context of sterilization is the context of

emergency ... if it is for emergency then it can be

done ... for example... it is clear having Caesar's

history for the third time... if it's the third time, of

course he must be sterilized because of what? The

risk is very big. Even for operations that are more

than two, there is opportunity for spontaneous torn

of the womb. The pregnant wife of the ninth month

did not do anything though the womb was

spontaneously torn, then shocked, the number of the

case was still below 15%. But as soon as the third

case, the risk increases to 40% ... So ... from 10

(pregnant women), 4 of them (having risk, red) were

pass away”. (Dr. SPYH, M.Kes, SPOG).

4 DISCUSSION

Sexual relations according to Islam are natural

tendencies, instead of a taboo object. In the hadith of

Rasulullah SAW, he said (Abu Dawud Dawud as-

Sijistaniy bin al-Asy'as, 2008):

“From Sa'ad bin Abu Waqash, he said; "The

Prophet sallallaahu aih alaihi wasallam once

banned Uthman ibn Mazhun to be single forever,

because he was only going to worship Allah.

Suppose He allowed it, surely we have emasculated

ourselves”. (Narrated by Muslim).

Ibnul Qoyyim Al-Jauziyah cited the medical

experts’ opinion which said, "Sexual relations are

the best reason for maintaining health." Furthermore,

Ibnul Qoyyim Al-Jauziyah also said that if the sperm

are continuously held and not released, it would

cause despicable disease such as anxiety, insanity,

headaches, etc. These diseases will be freed, one of

which is by often removing sperm through sexual

relations with their wives as what it is practiced in

religion (Al Jauziyyah, n.d.).

Ibnul Qoyyim Al-Jauziyah also stated three basic

aims of sexual relations (Al Jauziyyah, n.d.), such

as for reproductive functions, health functions, and

recreational functions. Sexual relations that occur, in

Islamic law, must be done by a couple of woman

(the wife) and man (the husband). This principle is

based on the verse of the Qur'an in the surah or

chapter of Adz-Dzariat verse 49. Thus, Islam

prohibits sexual relations between a pair of humans

of the same gender, both gay (man with man) and

lesbian (woman with woman). Islam refuses to

follow the homosexual lifestyle to fulfill the sexual

desires (Bou Hdeiba, 2001). Sexual relations must

also be framed in a marriage, a sacred bond that

occurs between a man and woman. As for sexual

relations that are not in the frame of marriage, in

Islam, it is considered as adultery. It means low

immorality and deeds, consisting of all acts of sex

Sexual and Reproductive Rights in Islamic Perspective and Kemuhammadiyahan

outside the rules of Shari'a (Bou Hdeiba, 2001).

There are at least 27 verses in the Qur’an which

explain about adultery, the prohibition to approach

it, and that adultery is a cruel act of masturbation,

having sex with animals, and corpses, among others

(Ar-Rozi, Syarah in Bou Hdeiba, 2001)

Matured (baligh) condition is the minimum age

limit for marriage in the view of the jurists or fiqh

experts (Asrori, 2015). However, the definition of

baligh in the view of these Jurists varies. In fact,

now the marriage law in various countries regulates

the minimum age for marriage by reason of

reproductive maturity. The reason is that the (aqil-

bâligh) age of puberty period should have been

experienced by everyone in the age range of 14-17

years, where one of the signs commonly used as a

benchmark is the arrival of wet dreams (ihtilam).

Unfortunately the arrival of ihtilam is often not in

line with the maturity of our minds so that not all

teenagers who already have sexual maturity have

maturity in thinking at once (Adhim, 2004).

The majority of Islamic countries stipulate the

average age of marriage allowed for men is 16-21

years. As for women, the minimum age for marriage

is from 15-18 years. This age difference in marriage

is determined because both the Qur'an and the hadith

do not explicitly specify the age of marriage. This

shows that the differences in the application of the

age of marriage in various countries depend on the

discipline of Islamic rules (fiqh) adopted as the

guideline of the relevant country (Asrori, 2015).

Related to freedom in sexual relations, Islam

limits with two conditions: first is menstrual

conditions of a wife, second is penetration by anal

sex or anal intercourse. In the Qur'an surah or

chapter of Al-Baqarah verse 222, Allah SWT says:

And they ask you about menstruation. Say:

"It is harm, so keep away from wives during

menstruation. And do not approach them until they

are pure. And when they have purified themselves,

then come to them from where Allah has ordained

for you. Indeed, Allah loves those who are

constantly repentant and loves those who purify

themselves."

The Prophet Muhammad SAW in this matter

said:

"The one who has intercourse with his wife in

her back passage has disavowed himself of that

which was revealed to Muhammad." (Abu Dawud

Dawud as-Sijistaniy bin al-Asy'as, 2008)

Whereas regarding sexual and reproductive

rights in Islam, sexual education and reproductive

health are on the first rank because of the importance

of education on these subjects from an early age.

Among the methods applied by Islam are teaching

compassion, educating a child to learn rules of

touching and respecting the body, recognizing the

limits of part of body which may not be visible

(aurat), defecating rules and sleeping rules, playing

rules with young children, as well as avoiding

physical contact. When children grow up, they are

taught about dress rules, asking for permission rules,

befriending rules with the opposite sex, and

separating male and female beds (Mansur, 2009). On

behalf of boys who still do not understand about

women, privates, and passions, they are allowed to

be with women. But if they are teenagers or close to

adolescence (nine years and above) then it is not

permissible for them to be with women because they

have been able to distinguish the physical look

(beautiful or not) and they also can react if they see

something interesting (Ibnu Katsir, 1414).

The second right is that Islam stipulates that

sexual relations can only be done in a legal marriage

institution, which is a very strong one (mitsaqon

gholiza). The decree is actually not only for keeping

offspring (nasab) but also for maintaining health for

both parties. After marriage, a husband and a wife,

each of them has the right to fulfill his or her desire

for lust or satisfy his or her sexual needs. That

fulfillment is part of worship and getting closer to

Allah SWT or taqarrub (Rabee, 2011).

Rasulullah SAW said:

God's Messenger(s) said: "In the sexual act of

each of you there is a sadaqa." The Companions

replied: "0 Messenger of God! When one of us

fulfills his sexual desire, will he be given a reward

for that?" And he said, "Do you not think that were

he to act upon it unlawfully, he would be sinning?

Likewise, if he acts upon it lawfully he will be

rewarded." (Narrated by Muslim) ((Rabee, 2011)

Islam considers that sexual relations can

maintain health, perfect pleasure, and happiness of

the soul, as well as obtaining the goal of Shari'a.

Therefore, Islam never limits the discussion of this

issue or even considers it as moral disgrace or

weakness if it is discussed in the context of a

married couple (Abu Abdullah Qoyyim in Rabee,

2011). The explanation of the third and fourth rights

is that Islam understands that the sexual drive of

men and women is naturally and instinctively

different. For this reason, in Islam, husbands are

parties who "demand" their biological distribution to

be fulfilled, while their wives are "giving" parties.

Nature is also recognized that men often have no

power to hold back their desires (Rabee, 2011).

Therefore, it is the duty of the wife to fulfill her

husband's sexual desires when he takes her to bed.

ICSDH 2018 - International Conference on Social Determinants of Health

Husband's sexual fulfillment must be carried out by

the wife as long as the wife does not have

obstruction justified by the Shari'a, such as

menstruation, tiredness, illness, or others related to

Shari’a. These obstructions must also be considered

by the husband (Rabee, 2011). On the contrary,

Islam also pays attention to the wife's right to get

satisfaction in sexual relations. Therefore, Prophet

Muhammad SAW said to men who fast during the

day and pray at night among his friends, such as

Abdullah bin Amru, “Truly your body has rights

over you and indeed your wife has the right to you”

(Rabee, 2011)

In the fifth right, the results of the study

explained that Islam forbids a husband to think only

of his interests without regard to his wife's feelings

and desires when having sexual relations. Therefore

in a hadith, Rasulullah SAW said: “Do not one of

you associate his wife as an animal. Start it with

stimuli for both of them.” Some ask, “What is meant

by those stimuli, Rasulullah?” He replied, “Warm

hugs and gentle sayings". (Narrated by Abu

Manshur and Dailami in Sanadul Firdaus from

Hadith Anas) (Rabee, 2011)

The warm hugs and gentle sayings conveyed by

the Prophet Muhammad SAW above are part of

giving sexual encouragement to women (their

wives). A husband must not forget his wife's wishes

and should not only think of himself in fulfilling

sexual urges. (Dr. Yusuf Qardhawi in (Rabee, 2011).

The sixth right possessed by a husband and wife

related to sexual relations is neither telling others

what happened during sexual intercourse, both with

words and by deeds, nor exposing the shame (secret)

that arises from it. Besides, do not mention the

hidden beauty of the body as it must be closed

according to customs (al-‘urf) and Islamic law.

The hadith of the Prophet Muhammad SAW

said: From Abu Said al-Khudri “Indeed the man

who is the worst in his position on the Day of

Judgment is a man who has intercourse with his wife

and vice versa then spreads the secret,” (HR.

Muslim).

Once a woman and a man are married and then

have sexual relations in Islamic ways, they will deal

with reproductive problems. In Islam, human

reproduction is not only related to biological

reproduction, the process of human creation which

starts from the fertilization process of sperm and

ovum (egg cells) either occurred naturally or with

the help of technology such as IVF/In vitro

fertilization technology (Al- qur'an, surah or chapter

of annisa verse 1), but also related to social

reproduction, the condition in which humans learn

and being taught. There are both responsibility and

loving social order in the reproductive process. This

means that reproduction is closely related to

biological reproduction with human responsibility to

establish a good generation and form a social order

that is full of love. Without social reproduction,

humans cannot survive because humans are

essentially social beings who cannot live alone

(Aisyiyah, 2014).

In Islam, the reproductive context is not limited

to the fertilization process of sperm and ovum. It is

also related to the values that govern the occurrence

of human growth in childbearing (descent), both

those that occur in men and women. In Islam,

humans are given guidelines in carrying out the

reproductive process so that a perfect physical,

mental, and social welfare condition is achieved.

Naturally, there is indeed no gender other than

women who can carry out biological reproductive

processes, namely pregnancy and childbirth.

Nonetheless, biological reproduction that is

compulsory and provides a light burden for women

is balanced with the fulfillment of women's rights by

her husband, including giving a living and treating

women (wives) in a good way. This is a form of

partnership between men and women built by Islam.

On one hand, women are given heavy burden, but on

the other hand, women are given comfort by earning

a living and affection from their husbands. This is

what is called social reproduction. This is mentioned

in Al-Qur'an surah or chapter of A-Baqarah verse

228 ((Aisyiyah, 2014). If biological and social

reproduction is well practiced by each pair, both

men and women can carry out their reproductive

obligations and rights in a healthy, safe, and

comfortable manner (the seventh rights).

The eighth right is that every fetus has the right

to live, grow, and develop. Therefore, abortion is

only obtained in very emergency situations with

consideration of jurisprudence law. Sheikh Al-

Qorodhowy stated that the law of abortion is

prohibited (haram). Its prohibition increases with the

strengthening of the fetes in the womb. At the age of

40 days, the prohibition is less tolerable. A condition

of abortion is still permissible if there are acceptable

reasons. Though after the first 40 days, the

prohibition increases. It should not be done unless

there is a stronger reason with the judgment of the

jurist. The prohibition has multiplied after 120 days,

because it has entered a phase called in the hadith

"blown spirit". In this condition, abortion is

prohibited except in very emergency situations.

Emergency condition must be clear or not suspected.

Sexual and Reproductive Rights in Islamic Perspective and Kemuhammadiyahan

If it is clear then abortion is allowed and is measured

by its levels (Al-Qaradhawi, 2003).

The explanation of the ninth right is that in the

contemporary Islamic jurisprudence discourse, there

are two terms related to family planning, namely

“tahdidun-nasl” and “tandzimun-nasl”. They both

have different meaning. The first one means birth

restriction and the second one means birth control.

According to the majority of Islamic scholars

(jumhur ulama), “tahdidun-nasl” or birth

restrictions are not justified because they violate the

human nature. Meanwhile, “tandzimun-nasl” is not

prohibited because it is an effort or a work to

organize and to plan the family. Thus, in

“tandzimun-nasl” there is a concrete plan regarding

the time and number of births so that each child born

is welcomed with gratitude. “Tandzimun-nasl” is

also an effort to prepare a qualified generation so as

not to abandon children and their offspring and not

burden other people (Aisyiyah, 2014). Related to the

explanation above, a cleric named Sheikh Mahmud

Syaltut argued that for every Muslim, for every wife

and husband, both of them are responsible for

providing space for their children's physical and

mental growth. Good quality children will provide

great benefits to the formation of a large country.

This is the reason why Islamic law encourages

population growth. It was also a reason for Sheikh

Mahmud Syaltut not to accept the concept of family

planning which is based on limiting the number of

childbirth. However, it was also emphasized that

Sheikh Mahmud Syaltut did reject the restrictions on

birth/“tahdidun-nasl”, but accepted family planning

when it was intended to control births which did not

limit the number of people, and did not aim only at

the number of children desired/“tandzimun-nasl”.

Meanwhile, the great cleric, Al-Ghazali in his book

Ihya 'Ulumuddin said that he accepted the practice

of interrupted copulation (coitus interruptus), which

is removing sperm outside the vagina, as long as it is

done to maintain health, well-being, and even the

beauty of his wife (Fathuddin, 1993).

When husbands and wives agree to make efforts

preventing pregnancy with the aim of “tandzimun-

nasl” or birth control, they must agree on the choice

of safe and healthy contraception, and consider the

legal (halal) considerations according to him

shari'at

. Related to this, Muhammadiyah through its

Tarjih decision, did not explicitly mention the types

of contraceptives that may or may not be used.

However, in its explanation, the Muhammadiyah

Tarjih Council stated that the prevention of

pregnancy which is considered to be contrary to the

Islamic Shari'a is an attitude and action in marriage

that is inspired by the intention of not having

children or by destroying/changing the organs, such

as cutting, binding, and so on. Thus, the sterilization

method is not allowed (Aisyiyah, 2014). Yet, the

research informant who represented Aisyiyah added

that in an emergency, a stable contraceptive method

(vasectomy and tubectomy) is allowed.

Nine sexual and reproductive rights explained by

the results of this study actually confirm that Islam

has complete sexual and reproductive rights. These

rights also emphasize that sexual and reproductive

life is not only the responsibility of one party, wife

or husband, but also the responsibility of both

(Janghorban et al., 2015). Sexual and reproductive

relations between the couple who are bound in

marriage have two main qualities (Omran, 1992 in

Janghorban et al., 2015). First, love is passion,

friendship, and companionship. Second is affection,

such as understanding, tolerance, forgiving each

other, as well as getting along again after the

dispute.

5 CONCLUSION

The main sources of reference in Muslim life

have always been complete about sexual and

reproductive rights. There are sexual and

reproductive rights produced by this study. It

included six rules of sexual relations/intercourse in

Islam as well as nine sexual and reproductive rights

in Islam. The scholars in various sources have

explained these things based on the verses of the

Qur'an and the words of the Prophet. The results of

this study are expected to be socialized so that it has

an impact on both families and communities. These

references consider human rights in depth.

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