Permissibility of Surrogacy in Islamic Law

Permissibility of Surrogacy in Islamic Law

Author Name : Mrs. Shrabana Chattopadhyay

ABSTRACT

Since mid 1980s, the issue on Surrogacy has been a much debatable one from the Shariah perspective and is still so.

While marriage has been described by the Prophet as half of the religion, children are also considered as great and blessed gift of Allah. However, the concept and method of motherhood by surrogacy where a woman acts as an incubator for another couple for payment or otherwise, is strongly rejected and criticized by majority of the modern Muslim scholars.

Most of the Muslim scholars consider surrogacy as a form of unlawful sexual intercourse, called zina. Some also quote a various number of verses and traditions in order to show that such an act goes against the intention of the Lawgiver, and also opposes the determined laws of nature by the Almighty.

Islamic jurists (Fatwas) formed an absolute view that traditional surrogacy is strictly forbidden but so far as gestational surrogacy where the embryo is actually created by using the ova and sperm of the commissioning couple is concerned, there is no such absolute prohibition or permission under Shari’ah.

The present paper argues that none of the arguments forwarded by the modern scholars against the legality of surrogate motherhood are sound and also argues that surrogate motherhood deserve to be declared valid though with certain conditions.

KEYWORDS: Infertility, Islam, Zina and illegitimate child, Surrogacy