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All Journal The Indonesian Journal of Islamic Law and Civil Law
Nadia Rezky
UIN Mataram
Religion Neuroscience

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Surrogate Mother in Polygamous Families: Analyzing Islamic Scholars' Perspectives on Using the Second Wife's Womb Nadia Rezky; Teti Indrawati Purnamasari; Gazali Gazali
The Indonesian Journal of Islamic Law and Civil Law Vol 7 No 1 (2026): April
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/02j8gw58

Abstract

This article examines the legal status of surrogate motherhood in Islamic law, particularly when the surrogate mother is the second wife or another wife of the same husband. Although the embryo originates from a legally married couple, the practice raises significant legal and ethical questions regarding lineage, maternal status, and reproductive relations within a polygamous family. This study aims to analyse the views of Islamic scholars on this issue using a qualitative library research approach. Data were collected from books, scholarly journals, fatwas, and decisions of Islamic institutions, including the International Islamic Fiqh Academy (Majma' al-Fiqh al-Islami), Muhammadiyah, and Nahdlatul Ulama's Bahtsul Masail, and analysed through content analysis and thematic reading. The findings reveal that Shi‘a scholars generally permit surrogate motherhood if the genetic material belongs to a legally married couple, whereas Sunni scholars predominantly prohibit it due to concerns over lineage confusion, maternal identity, and the exclusivity of reproduction within marriage. The prohibition is even stronger when the surrogate mother is the second wife. This article concludes that surrogate motherhood in such circumstances constitutes a contemporary fiqh issue that directly affects the protection of lineage, motherhood, and the integrity of Islamic family law.
Co-Authors Gazali Gazali Teti Indrawati Purnamasari