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Surrogacy refers to the process in which a woman carries and delivers a child for a
couple or individual
that is to say its a form of third party reproductive practice in which intending parents
contract a surrogate mother to give birth to a child.
It is categorised under
gestational surrogacy where a surrogate carries the embryo created by the couple's
gamates
traditional surrogacy where the surrogate 's egg is used making her the biological
mum
altruistic surrogacy which involves no compersation especially among family
members
commercial surrogacy this involves payment for the surrogate's services
Since many jurisdictions do not regulate surrogacy, it has increasingly become a

popular option for childless individuals who wish to establish families of their own no
matter having infertility issues and same sex situations.
But surrogacy is an issue of considerable debate in Islamic law because Islamic Law
doesn't offer a uniform provision over surrogacy therefore different muslim jurists
have come up with divergent opinions on the matter basing on their interpretation of
the Quran and Hadith as discussed below.
Islamic law prohibits because some muslim jurists like sheikh Muhammad ibn salih al
Uthaymeen disagree with the principle of surrogacy and argue that islamic law
prohibits it entirely provided that its a form of zina(adultery) since it involves a third
party (surrogate) who is third wheeled in between the couple yet sharia highly
condems adultery as per surat Al Isra 17:32 where Allah said "Do not go near
adultery. It is truly a shameful deed and an evil way".
Islamic law prohibits surrogacy because muslim jurists like sheikh Adul Aziz ibn Baz
cite that surrogacy creates ambiguity in one's parental lineage yet Islamic law highly
emphasises on the issue of nasab (purity in lineage) this was clarified in a one hadith
narrated in sunan Ibn Majah where the prophet said "Allah has recorded the
genealogy of each person so every person is attributed to his father".
Islamic law prohibits surrogacy because according to surah al a'raf Allah says He
created one from a single soul and from it He creates you in your mother's womb and
in one hadith narrated in sunan Abi Dawud where the prophet(PBUH) said "there is
no child born except on the natural disposition Allah has created them upon" yet
surrogacy involves a third party surrogate mother which creates an unnatural
interference with the natural reproductive process.
Islamic law prohibits surrogacy because muslim jurists like sheikh Abdul Aziz ibn
Baz argue that surrogacy promotes exploitation where vulnerable women are
exploited in commercial surrogacy arrangements and yet sharia highly regulates any
form of potential exploitation since it creates unfairness and as per surat Al baqarah
2:188 where Allah says "Do not consume one another’s wealth unjustly, nor
deliberately bribe authorities in order to devour a portion of others’ property, knowing
that it is a sin". that is to say one is not allowed to cheat and over exploite another
finacially.
However Islamic Law also partly allows surrogacy because some other muslim jurists
have come up with a more modern flexible ruling over the issue.
Islamic law partly allows surrogacy basing some muslim jurists like sheikh Abdullah
Bin Bayyah and Ahmad Kutty who permit the altruistic kind of surrogacy where there
is no compersation for services and it's among close relatives because it would not
have to promote potential exploitation and confuse nasab since the surrogate belongs
to the couples bloodline of close relatives.
Islamic law allows surrogacy provided its gestational surrogacy where the couples's
genetic material is used to form the embryo basing on modern Islamic jurists from
Egypt, Iran who have recognised this as a modern reproductive medicine technology
advancement and due to Maslaha (Public Interest)this principle has been permitted,
arguing that the interests of couples struggling with infertility can be addressed within
this framework as long as the surrogacy process does not involve violations of
fundamental principles such as preserving lineage.
Additionally, the scholars who accept surrogacy insist that the surrogate mother be
treated with dignity and respect, and her rights be protected in accordance with
Islamic principles.
In a nutshell, surrogacy's position in Islamic law is one marked with debate basing on
divergernt opinions by different muslims jurists as discussed above.

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223-053011-27142

Since many jurisdictions do not regulate surrogacy, it has increasingly become a

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