Shariah Perspective on Surrogacy: Legislation in Pakistan Regarding Protection of Woman’s Right

Abstract

This research paper is highlighting the emergent issue of Surrogacy prevailing rapidly in the medical sciences universally. Surrogacy refers to a woman’s concept of ‘Motherhood’ by a contract with a couple. The paper aims to focus establishing legal status of surrogacy in the light of Ijtihad and Fatawas by the Muslim Jurists. Keeping in view of Maqasid e Shariah on protection of linage and. Although the legal contract appears to be beneficial for all parties concerned, there are uncertain issues emerged need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. An evaluation of Legislative measures on protection of Rights of motherhood and children on surrogacy by Federal Shariah Court Pakistan Judgment’s has been discussed.