TAŞIYICI ANNELİK VEYA İSLAM HUKUKUNDA KİRALANAN RAHİM
SURROUNDING MATERIALS OR RENTED WERE IN ISLAMIC LAW

Summary/Abstract: Motherhood is a strong human emotion that God Almighty created in a woman's soul. Depriving him of the fruits of this feeling creates for him severe psychological torment. It pushes him into extreme distress and distress, which causes him pain and harm. Psychological distress can sometimes be deeper, or even more harmful, than financial damage. Among the blessings that God has given to man is the offspring that He has bestowed upon him. Because procreation is the goal of every marriage, it is a legitimate need and a goal that must be achieved for each of the spouses. Hence, children are the ones who bring warmth and happiness to married life. Therefore, a person has the right to demand it by any legitimate means possible. This is why a woman who is deprived of having a child - when she sees a glimmer of hope - will see that she is ready to undergo frightening trials in order to have a child. He agrees to have surgery to remove his eggs through a magnifying glass and then strives to find a woman who will carry these eggs, although he knows that the surrogate may refuse to give the baby and extort him. This woman must have really felt the great need to have children to quench her thirst for motherhood. People agree that the process of having a child in its normal and legal course will begin with the meeting of the sexual organs of the couple. Then the husband's sperm sticks to the wife's egg in a solid place in the uterus. This is in order for the fetus to grow in different stages until the pregnancy is born, God willing, and the soul is breathed into it. Recently, reproductive science and technologies have been able to make rapid strides in treating infertility. So much so that women can give birth in unnatural ways. A new era has begun revealing new ways of having children. One of these methods is "womb for rent or cost / surrogate", which is used to solve some infertility problems. This method has become a new alternative to having children. Scientists found surrogacy after fewer children qualified for adoption in the West. Surrogacy, or pay, is: Using another woman's uterus to carry a fertilized egg (fertilized egg) formed from a woman's egg with a man's sperm. Usually this man and woman become husband and wife. The other woman carries the fetus and gives birth to it, after which the husband and wife concerned take care of the child and the child becomes theirs by law. This processing is carried out through a contract between the two parties. After the appearance of such a method of childbirth, it can now be said: "For the first time in the world, a mother did not give birth to her child." The problem of surrogacy in the West is based on the principle that "the end justifies the means." However, in Islam, it is necessary that the means, like the end, be sublime. In particular, the purity of lineage, the fact that intercourse is restricted to spouses, and issues regarding spirits in a legal marriage contract are matters of concern to us Muslims, although they are not considered important by Westerners. Everything outside this circle has no value or legitimacy, even if its supporters hide behind humanitarian claims to justify their position. And we will clarify in this research the legal ruling on this medical issue in terms of halal and haram and related literature in terms of the absence of clear religious texts that can be referenced on the subject. Therefore, problems with surrogacy are among the issues of diligence not addressed by specific evidence. Because this is one of the newly emerging events and problems; It is the product of scientific progress and modern inventions. In such problems, research findings remain the field of study and study. For this reason we will try to find the provisions of this problem from the general texts or extract them from the general rules. While explaining religious rulings here, we need to be careful not to be swayed by sentimentality, on the grounds that “everyone has the right to have children.” Because there is more harm in this than the law. For this reason, we must sacrifice individual interests when they run counter to the general rules of religion, and human sentiments must not lead us to the detriment of religious judgment.

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