SHAKHSIYAH BURHANIYAH : Jurnal Penelitian Hukum Islam
Vol. 10 No. 1 (2025): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam

Ratio Decidendi Status hukum anak hasil Surrogate Mother persepektif Fiqh dan Hukum Positif di Indonesia

M. Fahmi Afif (Unknown)



Article Info

Publish Date
15 Jan 2025

Abstract

Abstract Married couples must want to have offspring. However, it is not uncommon for couples to not be blessed with children due to several factors. The development of the increasingly advanced world of medicine offers several solutions for the occurrence of pregnancy, including IVF and uterine leasing or known as Surrogate Mother. then the question arises about the legal status of a child produced from uterine leasing born, because in civil law about the position of children only recognise children - legitimate children and illegitimate children. this research uses normative legal research methods using two approaches, conceptual approaches and comparative approaches. The result of this research is that the legal status of children of womb rental according to Islamic Law is invalid because it is not possible to exit and enter the sperm in a muhtaram which is a requirement for the bernasab of a child to his father. And according to Indonesian law, children from uterine leases are invalid because they are not produced from a legal marriage. whether the marriage is valid or not returns to religious norms as the principle of marriage in Indonesian law.

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Journal Info

Abbrev

ShakhsiyahBurhaniyah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope Shakhsiyah Burhaniyah Jurnal Penelitian Hukum Islam welcome papers from academicians on theories, philosophy, conceptual paradigms, academic research, as well as religion practices. In particular, papers which consider the following general topics are invited. Marriage Inheritance ...