Penanaman Embrio Pada Rahim Istri yang Lain (Analsis Kritis Terhadap Fatwa MUI Tentang Kehamilan Berbantu)

Abstract

This paper discusses of the MUI fatwa on June 13, 1979, about the practice of in vitro fertilization using
another wife's womb. This practice was declared haram by the Indonesian Ulama Council's fatwa on the 13
June 1979 about in vitro fertilization / Artificial Insemination. The MUI Fatwa normative argument, it will
cause complications in inheritance issues, especially between children born with mothers who have ovum and
mothers who conceive and give birth, and vice versa. This research is a normative juridical study, with the
approach of ushul fiqh, qawa'id fiqhiyah and comparison (comparison). The results showed that the practice of in
vitro fertilization by using another wife's womb, the law is permissible. Children born through this process have a
bearing for surrogate mothers who have conceived and delivered them. The complexity of inheritance issues that are
feared in the MUI fatwa can be overcome by determining the relationship of the nasab, because the nasab
relationship is one of the causes of inheritance. The mother of the owner of the ovum who becomes the origin or the
surrogate mother can be positioned the same as the mother who must be respected by the child, but has no
inheritance relationship.