CHAPTER I

ANTECEDENT

A. Background
Gracious rent is plant the ovum of a fertile woman at the same time by sperma
is its husband in other;dissimilar woman womb with the reciprocation of a
number of money or without reciprocation of because various cause, among other
things, bad owner ovum womb to [be] pregnant, or no womb at the same time
with the existence of two fertile egg cell or one of them is, or because owner
ovum wish to keep in good health and beauty it etcetera from some existing
motif. this matter is illicit.
As religion which syaamil Islam can always position the syariatnya in line
with all realita epoch. Even a period of/to progress of fiqih Islam, all moslem
scholar in a period of/to the have placed the guidance punish to all phenomenon
which not yet been happened or in fiqih Islam referred as by fiqhul is iftiradhy.
This matter by itself argue the view expressing that syariat Islam of disagree with
epoch. Islam is not religion which jumud or limited. But Islam is flexible religion
and always can place the syariatnya as according to epoch. As religion which
komplit with all its law order hence is not properly we blame the Islam of when
something phenomenon or realita which bertenangang with the Islam concept
refused by all moslem scholar. But we should be able to mengorekasi of where
the fact mistake situation.

1
B. Problem Formula
Pursuant to above background, hence writer formulate the the following problem:
1. What gracious rent congeniality in Ianguage, Term, Islam, Health?
2. What is cause or gracious rent target?
3. What gracious rent forms?
4. What effect of gracious rent?
5. How gracious rent opinion according to Islam view, health and all
moslem scholar?
C. The Basis for theory
gracious Rent solution in health That is word “rent" meaning usage (loaning)
of something with paying money. While word meaning " gracious" that is content.
Become the gracious rent congeniality according to Ianguage is obstetrical loaning
or usage with paying money or with the payment of an reward. ( See the research
Munawaroh, " Analyse the Islam Law and Punish The Positf of To Gracious Rent
Execution", ( this skripsi is not published, IAIRM Ponpes Walisongo Ngabar) 41).
gracious Rent cause among other things, bad owner ovum womb to be pregnant, or
no womb at the same time with the existence of two fertile egg cell or one of them
is, or because owner ovum wish to keep in good health and beauty it etcetera from
some existing motif of this matter is illicit. Heikh Mahmud Shaltut have a notion
the: " compound of woman Seed with the seed of boy of side of Moslem law is
crime mungkar and sin big is adultery example of at principal angle;corner and its
impression is that same place the semen of boy ajnabi with the intention get the
child of while among/between woman and boy of is there is no matrimony. ( Surah
Al- Isra': sentence 70).
From above description, hence we can have a notion that is gracious rent
practice will generate much more pernicious a lot of than benefit got. As for status
of a child yielded from gracious rent by using sperma and ovum from couple of
husband and wife later;then ditranplantasikan into other;dissimilar woman womb

2
 is equal to adultery child. While mother which in fact from child borne by is
woman of owner ovum.
D. Data collecting
Method which is in using in this data collecting that is by online and through/
passing translation book.

3
 CHAPTER II
SOLUTION
I. Gracious Rent Congeniality.
a. Gracious Rent Congeniality In Ianguage
That is word " rent" meaning usage ( loaning) of something with
paying money. While word meaning " gracious" that is content. Become the
gracious rent congeniality according to Ianguage is obstetrical loaning or
usage with paying money or with the payment of an reward.1

( gambar 1.1)

b. Gracious Rent Congeniality In Term

According to term is use the other dissimilar woman womb to contain
the woman seed ( ovum) which compound have with the men seed ( sperma)
that is husband/wife spouse, and that foetus is contained by the woman born
later then that wife husband is which wish to own the child will pay for with a
number of money to its womb lessor woman.

1
Lihat penelitian Munawaroh, “Analisa Hukum Islam dan Hukum Positf Terhadap Pelaksanaan Sewa
Rahim”, (skripsi ini tidak diterbitkan, IAIRM Ponpes Walisongo Ngabar), 41

4
 c. Gracious Rent Congeniality According To Health View
Gracious Rent or loan womb is often referred as also surrogate mother
( Ms. substitution), that is a woman making an agreement with the which
husband/wife spouse the woman ready to contain the seed from husband/wife
spouse the infertil with the certain reward.
d. Gracious Rent Congeniality According To Islam View. By Break even Radin
of Nabahah that is trusteeship in marrying, etcetera.
II. Cause Or Gracious Rent Target
There are some reason to cause the gracious rent done/conducted.
1. A woman don't have the expectation to contain ordinaryly because befalled
by disease or handicap hindering it from containing
and bearing children.
2. The Woman womb thrown by because surgery.
3. The woman wish to own the child of but do not want to shoulder the
pregnancy burden, bearing, suck with the child, because wishing to take
care of the its body body beauty by parrying from impress by effect of
pregnancy.
4. Woman which wish to own the child of but have broken the menstruation
( menopause.)
5. Woman which wish to look for the earnings by renting its womb to others.2
III. Gracious Rent forms that is
As for gracious rent forms, that is
a. Wife seed (ovum) compound with the seed husband (sperma), is later then
entered/included by into other dissimilar woman womb. This Kaedah is
used in a state of wife own the good seed, but its womb is thrown by
because surgery, handicap which teruk, effect of disease which other
kronik causes or.

2
http://tibbians.tripod.com/shib3.pdf.

5
 b. Is equal to first form, except seed which compound have freezed and
entered/included by into mother womb join with others as free as that
spouse couple death.
c. Ovum of compound Wife by sperma is other dissimilar boy ( non its
husband) and entered/included by into other;dissimilar woman womb. If
barren husband and wife there is pregnancy trouble.
d. Sperma of compound Husband by ovum is other dissimilar woman, is later
then entered/included by into woman womb of is other dissimilar. This
circumstance go into effect if wife befalled by disease of at ovari and its
womb unable to shoulder the pregnancy duty, or wife have reached the
menstrual broken phase ( menopause)
e. Sperma of Husband and ovum of compound wife, is later then
entered/included by into other wife womb from same husband.
IV. Effect of Or Gracious rent Influence
As for effect of or influence from gracious rent, that is:
a. Forcing woman to donate its womb.
b. Killing to feel the motherhood, after containing crucially.
c. The happening of lineage mixing of when gracious owner woman husband
associate with its wife.
d. Dispute in specifying lineage.
e. Perrselisihan of when substitution mother refuse to deliver the baby to
owner ovum.
f. Problems of when substitution mother represent the mother or you owner
ovum.
g. Iameness in marriage of the child hereinafter if substitution mother rent its
womb more than once.
h. Generating damage and libel when its pregnancy is substitution mother
which do not have husband.

6
V. Gracious rent according to Islam view, health and all moslem scholar
1. According to Islam view
In this case all moslem scholar have agreed about gracious rent ban in
a state of following: using woman womb of besides the wife, seed mixing of
among/between husband and woman of is other dissimilar, mixing of wife
seed with the other dissimilar boy, or enter/include the seed which compound
as free as spouse death, as opinion of Sheikh of Jad Al-Haq Ali Jad Al-Haq,
Sheikh Al-Azhar that the mentioned its law is illicit, because will generate the
percampuradukkan nasab. Argumen opened by all moslem scholar for
example:
a. Above practice of identik marriedly is istibdha' or adultery although
circumstance sperma have fruit ( do not stand apart) like laid open by Dr.
Journalist Udin: " Seed Input into other;dissimilar woman womb is equal to
copulate with that woma.
b. Qaidah Suggestion tell the, " Al-Ashlu Fil Ibdha' Al-Tahrim" ( Basically in
business kelamin ( its mixing) law is illicit). Gracious contract is inclusive
of meletakan sperma of at a ill gotten womb for him. While his/its gracious
woman contracted by a wife clearly not its. Sperma from whoever of
except its sperma husband, is illicit entered/included by into its womb.
c. In letter of Al-Maarij sentence 31 Allah berfirman: " Hence whomever
wanting besides like that ( mixed to its wife or slave sahaya owned) hence
they that is people who of melewati boundary."
2. According to health view.
In indonesia by self do not question whether/what that seed come from
others, but rather to whether/what that child born from valid marriage. equally
a child which born confessed only from valid matrimony, without questioning
how the happening of that matter (of whom its seed and how to). but on the
other hand, analyse and tes DNA is often weared also to determine the whom

7
 of old fellow of the child. this matter is became of by the men case which do
not want to hold responsible to pregnancy of a woman.
If one of donor (cell of sperma or egg cell) non coming from valid
husband/wife spouse, in that indonesia matter still be prohibited. judicially,
also religiously. morally that compared to by a adultery, and child which born
the non-recognition judicially and religion.
3. According to moslem scholar view
According To Prof Sulaiman, Chief of MUI Provinsi Jambi in between
opening Ijtima' Moslem Scholar of Commission of Religious advices of MUI
of Second in Modern Ponpes of Darussalam Gontor, Ponorogo, East Java, 25-
28 May 2006. Former rector of this IAIN Sultan Toha explain the, action
place the sperma into woman womb which is non its wife is prohibited.3
Dr. Muhammad Na'Im Yasin, Dr. Abdul Hafidz Hilmi, Dr. Musthafa
Al-Zarqa, Dr. Zakaria Al-Bari, Dr. Muhammad As-Surthowi of Dean of
faculty of syari'ah Jordan and others. They have a notion the real mother is
which child lineage of at is mother of seed owner, that pregnant manakala
mother and bear supposed by mother susuan which child lineage do not at
nya, simply diqiyaskan with the law susuan. This opinion is constructed by on
the basis of that compound of among/between seed of wife husband bound by
valid matrimony, hence that foetus is lineage to them.
According to Moslem scholar of NU in conference of commission of
masail diniyah in between by diet ke-29 that goes on in maisonette of
cipasung tasikmalaya, deciding: " A square refusal to gracious rent rent
practice for the sake of insemination of made in. the Mother titipan practice
expressed illicit and null and void". This matter pursuant to polite of
Rasulullah Saw which Dusty Imam history of David, the following:

3
http://www.indomedia.com/Bpost/052006/26/depan/utama6.htm.

8
 ‫ع‬ ِ ‫ئ يُؤْ ِم ُن ِباهللِ َو ْاليَ ْو ِم‬
َ ‫اآلخ ِر أ َ ْن يَ ْسقَى َما َءهُ الزَ ْر‬ ٍ ‫الَ يَ ِح ُّل ِال ْم ِر‬
َ
ِِ ‫غي ِْره‬
Its meaning:
" for religious somebody to final day and Allah to sprinkle the spermanya
into others womb".

 In the following is decision and religious advices moslem scholar have' incuring
to
gracious rent.
Decision in Daurah kelapan in Makkatul Mukarramah, explaining
interconnected religious advices of this case , that is:
1. " External compound of womb done/conducted at spouse seed , is later then
returned to in wife womb is uslub accepted from its principle facet but do not
safe from doubt in his/its executing.
2. Decision in jilsahnya bertarikh 29/3/2001 illicit telling," gracious rent and
ditegah by syara.
3. Nadwah one released by special religious advices to have gracious incuring
gracious rent ,"rent is illicit if existing third party is either semen ( sperma),
ovum woman, foetus or gracious.
4. In all fuqaha' muasarah compromise about gracious rent ban.
5. Heikh Mahmud Shaltut have a notion the: " compound of woman Seed with
the seed of boy of side of Moslem law is crime mungkar and sin big is adultery
example of at principal angle corner and its impression is that same place the
semen of boy ajnabi with the intention get the child of while among/between
woman and boy of is there is no matrimony.4

4
Surah Al- Isra’: ayat 70

9
 CHAPTER III
COVER/CONCLUSION
A. Conclusion
After solution of handing out of is above, we can conclude that
a. Gracious rent represent an practice of management of loaning and usage or
obstetrical function exploiting for the development of embryo become the
foetus till delivering birth of a baby from womb of mother titipan ( rental) with
the payment of a number of money or with an reward.
b. From In perpective punish the islam of about illicit expressed gracious rent
because impinging law islam.
c. Inferential that is gracious rent practice will generate the much more a lot of th
pernicious.an benefit got. As for status of a child yielded from gracious rent by
using sperma and ovum from couple of husband and wife later then
ditranplantation into other dissimilar woman womb is equal to adultery child.
While mother which in fact from child borne by is woman of owner ovum.

10
 DAFTAR PUSTAKA
Adib Bisri, Moh., 1977, Terjemah Al faraidul Bahiyah Risalah Qawaid Fiqh,
Menara Kudus, Kudus.
Adhimaftuhin, 2010, “Vatikan Kecam Nobel Untuk Bayi Tabung”. Termuat Di:
http://adhimaftuhinsblog.blogspot.com/2010/10/sewa-rahim-dalam-islam.htm. Di
akses 7 Oktober 2010 dengan waktu posting pukul 05.10
Rasyid, Muhammad Hamdan, K.H., DR., 2003, Fiqih Indonesia Himpunan Fatwa-
Fatwa Aktual, Almawardi Prima, Jakarta.

11