المسؤولية الجنائية عن تأجير الأرحام : دراسة في الفقه الإسلامي والقانون الإماراتي

الملخص EN

There has been a fast-growing development in human conception, particularly the use of Assisted Reproductive Technology (ART) in the last decades.

ART today is used for several objectives.

It is used for the manipulation of the human genome.

It is equally employed for baby gender selection or getting children without sexual intercourse.

ART posed serious questions among Muslim scholars, as it raised issues regarding the negative and positive consequences of such procedures.

These medical advances are not without risks and require thoughtful study and examination for it is linked directly to the existence of the human being.

The other form of ART that has been increasingly used to help the woman who cannot conceive is “Surrogacy”.

Many couples opt for it to resolve infertility, but how legitimate is this process? What are the opinions of Islamic scholars, legislations, and the UAE laws about surrogacy, especially from criminal point of view? What is the connection between surrogacy and in vitro fertilization? In fact, the UAE legislation does not explicitly use the term surrogacy, and it describes the procedure as a form of in vitro fertilization which contravenes the conditions of medical liability under federal laws.