STATUS OF THE CHILD OF ASSISTED REPRODUCTIVE TECHNOLOGY (ART) IN ISLAMIC LAW AND THEIR RIGHTS TO INHERITANCE

Abstract

Purpose: Childlessness involves suffering, bearing, nursing, rearing, sharing their future, and sharing their goals—basic human needs. This study examines the legal status of ART child and their rights of inheritance under Islamic law. After reviewing the Quran, Hadith, Ijma, Quis, and the opinions of Islamic scholars and schools, it proposes frameworks for Islamic approaches.   Methods: This study used doctrinal legal research as its methodology and approach by describing data findings, both primary and secondary data, that have been processed and analyzed, and access to legal texts and materials, such as adequately cited books, journals, articles, conference and seminar papers, statutes, case law, and online resources.   Results: This study examined the legal standing of children born using artificial reproductive technology (ART) in Islamic law, specifically on their inheritance rights under the different schools of Muslim laws, especially Sunni and Shia schools, and found defects in existing methods and recommended suggestion the possible frameworks for Islamization and ensure rights of ART child.     Conclusion: Islam allows its followers to use modern innovations and techniques like ART. However, infertile couples who need it to save their family and lineage may benefit. If the semen comes from a legitimate Muslim spouse, ART does not change fatherhood or inheritance in Islamic law. Unnatural fertilizations are questioned for a child conceived using a stranger's semen. Being paid to fertilize and implant the third party's sperm or eggs in the wife's uterus or another woman is adultery and is forbidden.