Access the full text.
Sign up today, get DeepDyve free for 14 days.
Loading next page...
/lp/brill/foundations-of-the-consensus-against-surrogacy-arrangements-in-islamic-3dDYi1YFxi
References
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
- Publisher
- Brill
- Copyright
- © Koninklijke Brill NV, Leiden, The Netherlands
- ISSN
- 0928-9380
- eISSN
- 1568-5195
- DOI
- 10.1163/15685195-02212p03
- Publisher site
- See Article on Publisher Site
Abstract
This essay traces the emergence and development of the consensus against surrogacy arrangements, mostly in the Sunni world, on the basis of a number of institutional fatwas, recommendations, and decisions. Despite this consensus against surrogacy, jurists discuss in detail its potential effects if it is performed. This juristic attitude reflects an understanding of sharīʿah as a legal system that not only institutes rules for cases that match its moral vision but also regulates the consequences of cases that do not match that vision. In the absence of clear and binding legislation on surrogacy in most Muslim-majority countries, this body of religious and ethical deliberations represents the main resource for moral decision-making on surrogacy and its impact on the genealogical connections within the nuclear family.
Journal
Islamic Law and Society – Brill
Published: Feb 20, 2015
Keywords: artificial insemination ; fatwas ; Islam ; Islamic bioethics ; Islamic law ; gamete donation ; reproductive technologies ; surrogacy