Surrogate Mother According to Science and the Opinions of Contemporary Islamic Scholars

Khairina Gustia Usman and Normadiah Daud

International Journal of Academic Research in Business and Social Sciences, 2017, vol. 7, issue 8, 86-95

Abstract: The desire to have a children in family is the natural wish of all the spouses, but this desire is not being fulfilled in some spouses due to several reasons, so those spouses who misses the opportunity to have a child to lead their life happily do various other efforts to acquire a heir, one of which is the hiring of a surrogate mother or in other words implementing a surrogate mother in their family. Surrogate mother emerged as a result of the development of Science and Technology in the field of medicine. The fact is that a practical process is done on a surrogate mother which results as a help to the couples who are unable to breed their own offspring naturally; but as it is said that all the actions have a reaction in same way the process or the result of implementing a surrogate mother has triggered a lot of problems in the field of Law and Religion in Muslim Community. The first problem is the implementation of a surrogate mother which is not legalised by Islamic law or which is prohibited in Islamic Law. The second problem is the status of the child (Lineage) born through a surrogate mother. The Fuqaha differs from the opinions of the surrogate mother between the one that permits and the other which forbids the practice of being a surrogate mother. Looking at the problems that arises through the implementation of in vitro fertilization (IVF) or surrogate mother process so it is necessary to study a law of legal certainty on the practice of surrogate mother so a to give a clear clarity to the people who will practice the surrogate mother and to those who alwready have a offspring through a surrogate mother.

Keywords: Surrogate Mother; Child; Lineage; Fuqaha Opinions (search for similar items in EconPapers)
Date: 2017
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