The actual value of the five necessities and their role in ruling new events - Renting the womb as a model -

Authors

  • Dr. Yasser Abdel Hamid Al-Aftihat College of Law Qatar University Author
  • Dr. Imad Mustafa Qaminasi College of Law Qatar University Author

Abstract

Research Objectives: The research aims to develop legal rules, compatible with Sharia purposes, for new events, e.g., renting the womb.

Research Methodology: The research adopts a comparative analysis approach. It tackles the diversity of opinions in Islamic jurisprudence on renting the womb; this difference will only be resolved when the legislature in the State of Qatar adopts a stance compatible with the five necessities.

Research Results: The jurisprudential opinion that prohibits a certain activity is alone insufficient in reality; due to unawareness, some individuals still practice such forbidden activities, e.g., renting the womb. In addition, some non-Muslim countries permit renting the womb that led to individuals resorting to those countries to practice an unanimously forbidden activity. Accordingly, such activities must be prohibited by local legal texts, in order to block pretexts (Sadd al-dhari’ah).

Originality of the Research: The actual value of the research is that laws must be enacted to confront the new events. Due to the non-binding nature of the Islamic jurisprudential opinions in society, new events should not be left to the coverage of these opinions. Indeed, they should be governed by a tight law.

Downloads

Download data is not yet available.

Downloads

Published

2025-09-23