Foundations of the Consensus against Surrogacy Arrangements in Islamic Law

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 i...

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Bibliographic Details
Published in:Islamic law and society
Main Author: Shabana, Ayman (Author)
Format: Electronic Article
Language:English
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Published: Brill 2015
In: Islamic law and society
Further subjects:B reproductive technologies
B Fatwas
B Islam
B Islamic bioethics
B Islamic Law
B Surrogacy
B artificial insemination
B Gamete Donation
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Summary: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.
ISSN:1568-5195
Contains:Enthalten in: Islamic law and society
Persistent identifiers:DOI: 10.1163/15685195-02212p03