The survey of the prohibition and lawfulness theories about surrogacy in Imamites

Subject Areas : All jurisprudential issues

Vahid  Zarei Sharif ¹ (عضو هیئت علمی گروه الهیات و معارف اسلامی، واحد لاهیجان، دانشگاه آزاد اسلامی، لاهیجان، ایران)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2009-03-21

Keywords: replicant womp, the womp owner, the couple who are&#x0D, &#x0D, intereste, the prohibition of surrogacy, the surrogacy&#x0D, &#x0D, lawfulness, the necessity of surrogacy,

Abstract :

This writing investigates the prescriptive judgement about surrogacy forwhich four theories are found including: permission, prohibition, apparentexemption and lawfulness. The said theories are based on the validImamites references. Those who believe in prohibition argue thatsurrogacy is illegal. They refer to sermons and arguments, and believe inthe necessity of keeping the pudendum safe, or taking care of if, also, theyargue about the prohibition of putting sperm in the others, wombs andthey think the kinship should be prevented, too. Some jurisprudentsbelieve in its being lawful based on permission and exemption principles.The fourth theory calls it contingent jast as a medical treatment and underspecific conditions. Having investigated the afore-mentioned theories andthe Imamites. Jurisprudents, beliefs and same dependable reasanings, weare led to believe that none of the sermons and narrations aboutprohibition believes in surrogacy and the third theory which is about theexemption, despite the existence of real prevention, is not clear-cut. Thelast theory has no investigatory basis, as it deals with public permission, ifneeded, and also because it presents no independent theory aboutsurrogacy. As a result, in this survey, we will be led to the second theory,that is, the lawfulness based on the real permission.