Surrogacy is a topic that raises many questions, especially regarding its acceptance in different cultures and religions. In Islam, surrogacy is a complex and sensitive issue. This article aims to explain the Islamic perspective on surrogacy in simple and easy-to-understand English. Whether you’re a Muslim or simply curious about Islamic teachings, this article will provide you with a clear understanding of the subject.
What is Surrogacy?
Surrogacy is when a woman, called a surrogate mother, carries and gives birth to a child for another person or couple. This can happen in two ways:
- Conventional Surrogacy: The intended father’s sperm is used to fertilize the surrogate mother’s egg.
- Gestational Surrogacy: The intended parents’ egg and sperm are used to create an embryo, which is then implanted in the surrogate mother’s womb.
Surrogacy is often considered by couples who cannot have children naturally due to medical reasons.
Question
(surrogate mother) Is surrogate mother (renting the womb of a surrogate mother) allowed in Sharia or not?
Reply
It should be noted that the creator of the universe has kept the method of marriage in all religions for the survival of the human race from the creation of man to the end of life and has prohibited all other means of obtaining children except marriage and all mankind has been bound that the creator Try to get children while staying within the limits set by the universe and never try to violate them. The Almighty said: O people, fear your Lord, Who created you from one soul, and created from it a wife and from them many men Nisa. (Al-Nisaa 1) Translation: O people! Fear your Lord, who created you from a single living being and made you a couple with it, then created many men and women from both of them and spread them over the earth. Also, just as agriculture is done on the land to obtain grain and grain, in order to obtain children, the Almighty has declared the wives to be like fields, the Almighty has said: نصاوكم حرثٌ لَكُمْ فَتْوَهُرَّتُمْ انُ شيتُمْ (Al-Baqarah: 223). Translation: Your women are your crops, go to them as you wish. So, just as it is unlawful to cultivate another’s land, in the same way it is unlawful to irrigate the womb of a woman other than one’s mankuha or mamluka (injecting semen into the uterus of a stranger woman, whether by natural means or by unnatural means). ) is also illegitimate, as the Messenger of Allah (peace and blessings of Allah be upon him) said: (Mishkwah p. 290) Translation: It is not lawful for a person who believes in Allah and the Last Day to pour his own water (fertilizer) into another’s field (an alien woman). Therefore, the natural method for the survival of the human race and the acquisition of children is marriage according to Sharia, and trying to obtain children through a woman other than one’s wife or mamlukah, whether by natural or unnatural methods, is tantamount to adultery.
Therefore, in the case of surrogate mother, a surrogate mother means one who accepts sperm for the sake of another woman and gives birth to another child through artificial insemination, even if the sperm is transferred to her after the wife becomes pregnant as a result of intercourse. To be transferred from the womb to the womb of a strange woman or to take the semen of husband and wife by an unnatural method and put it in the womb of a strange woman, those women who have medical complications that prevent them from becoming a mother or have the ability to become a mother. In spite of this, they find surrogate mothers for themselves, thus they get relief from 9 months of labor and pain of motherhood, they rent the womb of another woman for a specific fee to give birth to a child.) It is unlawful and haram for the following reasons:
The first reason is that the foreign woman who will be hired will not be the Mankuha of that person, while it is forbidden in Shari’ah to try to get children from a woman other than one’s Mankuha or Mamlukah.
The second reason is that the method of renting or giving a woman’s womb for obtaining children is against the purity of Shariat, chastity and Islamic teachings. The Messenger of Allah (peace and blessings of Allah be upon him) declared earning as haram . (Mishkwa p. 241).
The third and most important reason for illegitimacy is that in the above-mentioned method there is mixing of genealogy, and one of the main reasons why adultery is prohibited is mixing of genealogy, and the Holy Shariat prohibits a man from marrying a man in order to protect the genealogy and to avoid suspicion of the genealogy. After that, the stage of Iddah has been kept before marriage to another man and the second marriage before the completion of Iddah has been declared invalid. The proof of God is in the al-Gahga: Minah: Knowing the innocence of her mother from her mother so as not to confuse the genealogy. For the genealogy is one of the things that a person does not want . It is obligatory to be married; Therefore, the lineage of the child born by the above mentioned method will not be proven from the man whose sperm was inserted into the womb of a foreign woman, so if that foreign woman is already married to someone, then it will be born by this method. The parentage of the child will be proved from the husband of the woman whose womb was hired, because of the saying of the Holy Prophet, peace and blessings be upon him: “Al-Wald al-Lafrash wa al-Ahar Al-Hajr” (Mishkwah p. 287) , and if an alien woman If she is not already married to someone, even in this case, the real mother of the child/girl will be declared to be the same woman who gave birth to her and other Shariah orders such as proof of descent, inheritance, etc. are all related to the same woman. It will happen, the Almighty has said: In their motherhood except Allah and their children. (Al-Majadalah 2) Translation: Their mothers are the ones who gave birth to them.
On the contrary, the lawful and pure way to obtain children has been set by the Holy Shariat and that way is the second marriage, so if it is not possible to get children from the first wife and a man has more than one wife, to do justice (equality) between them. If there is an ability, second marriage is permissible for such a person and considering it as a handicap in the society is rather a handicap in itself, so adopting an illegal method despite being a halal method is a very shameful act.
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