Juridical Review of Islamic Law: Surrogacy Phenomenon in Southeast Asia Countries

DOI

10.2991/iconprocs-19.2019.52How to use a DOI?

Keywords

Islamic law, surrogacy, rent womb

Abstract

Rent womb or commonly called surrogacy arises because of the modernization process, the process of modernization here is the development of science and technology in the field of medicine, namely genetic engineering. The purpose of rent womb is to help a married couple who are unable to have offspring naturally. But because of the process of renting a womb, problems arise in the fields of law and religion. From the problems that arise because of the existence of this womb rental practice, a study is needed to discuss the rent a womb according to Islamic law view. The problems in this study are reasons that are allowed or not allowed to rent a womb as well as the legal status of children born through renting the womb according to Islamic law. According to information in the field, women who rented their wombs claimed to be forced to do so because of the economic crash. In reality, the implementation of rent a womb can occur by involving two parties, namely; the first is a woman who rents her womb and a second as a tenant. In this case, the majority of renting is a couple who find it difficult to get offspring. This paper uses interpretative methodological research. Which means an investigation based on socio-psychological phenomena that occur, in a complex context, with the intention to explain the phenomenon in the form of a narrative with the intention to clarify that the practice of renting a womb in accordance with it’s agreement as is prevalent in Southeast Asian countries such as Laos, Thailand, Cambodia and India.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Syariful Alam
AU  - Nur Hidayah
PY  - 2019/05
DA  - 2019/05
TI  - Juridical Review of Islamic Law: Surrogacy Phenomenon in Southeast Asia Countries
BT  - Proceedings of the First International Conference on Progressive Civil Society (ICONPROCS 2019)
PB  - Atlantis Press
SP  - 249
EP  - 255
SN  - 2352-5398
UR  - https://doi.org/10.2991/iconprocs-19.2019.52
DO  - 10.2991/iconprocs-19.2019.52
ID  - Alam2019/05
ER  -