Pro and Cons of Insemination and Baby Tubes According To Islamic Law

Masdalifa Pasaribu, Juita Sari, Sukma Yunita, Sumiatik;

Abstract

One of the goals of a marriage in addition to forming a happy family is to get offspring. The presence of children in a household is very important. In a household there is a husband and wife who cannot get offspring, so in such circumstances a husband and wife will certainly take various efforts as a way out. Artificial insemination is one solution that can be taken for married couples who experience infertility. This program is a process of conception (conception) carried out outside the uterus, which is between the sperm and the ovum reunited in a fetri dish which is given the temperature according to the heat of a woman. This is intended to stay alive to the stage of being inserted into the womb of a woman, or more popular with the test-tube baby. In this discussion the author discusses IVF with sperm and ovum from donors whose embryos are transplanted into the womb of the wife. This is done on a husband and wife who are not good in their wife's condition and the husband's sperm is lacking so that fertilization is not possible. In the end the couple receives the ovum and sperm from the donor, after fertilization, the embryo is transplanted into the womb of the wife. Artificial insemination programs with sperm and ovum from donors whose embryos are transplanted into the womb of the wife cause various problems in Islamic law. That is because it is not in accordance with the provisions of the syara law '. Furthermore, how is the law and status of children as a result of artificial insemination from donors in a review of Islamic law? What is the position of guardian of a child as a result of artificial insemination from a donor in a review of Islamic law? The method used by the author is a library research method, namely research whose data comes from library materials: books, books, laws and other scientific works. The approach in this study is normative-juridical. While the nature of the research is descriptive-analytic, namely describing and describing the law, status and guardianship of children from artificial insemination from donors in the perspective of Islamic law, then analyzed from the point of Islamic law. The analysis in this study is qualitative data analysis, namely in the form of deductive analysis. The results of this study are that according to Islamic law the legal provisions of the implementation of artificial insemination with sperm and ovum from donors who are not husband and wife then the embryo is transplanted into the womb of the wife is illegitimate, children born from the process are illegitimate children or the same as zina children and he was only associated with his mother and obtained a series of rights from the mother and family of his mother, one of which was guardianship when he was a child and not yet an adult. This trust includes guardianship of the self and property of the child. Guardianship of a child is in accordance with Maqasidasy-Shari'ah, namely for hifz an-nafs and hifz al-mal.