استئجار الأرحام في القانون الإيراني : دراسة فقهية تقويمية مقارنة

Abstract

The Muslim world is facing many complex moral and ethical problems as a direct result of new scientific and medical discoveries and innovations. One of them is in the field of embryos and child bearing that has given rise to surrogate pregnancy or womb for rental where money transaction is involved. This study deals with the issue of surrogacy or artificial childbearing and its adjudication in both Islamic jurisprudence and Iranian law. It also sheds light on scholars’ views and doctrines and the views of these doctrines from the Qur’an, the Prophet’s Sunnah, conventional rational thinking in order to ascertain whether it is Haram (unlawful) or Halal (lawful). The researcher adopted a set of approaches that deal with the issue of surrogacy, such like the analytical, inductive, and comparative approaches in order to analyze the scholars’ texts and opinions, as well as investigating the differences between both Islamic law and Iranian laws regarding surrogacy. The direct finding of this study which agrees with all Islamic fundamental and Islamic jurisprudence rules which forbid all types of surrogacy.