Surrogate Motherhood in Islam

Surrogate Motherhood in Islam

Definition

Surrogate Motherhood is a contractual agreement in which a woman consents to become pregnant, either through natural means or via assisted reproductive technologies, with the understanding that she will surrender the baby to another individual or couple after birth. This specific scenario entails an arrangement where either the surrogate mother is impregnated using the intended father’s sperm, or an embryo created by the intended parents (or donors in non-Muslim contexts) is implanted into the surrogate’s womb.

Etymology and Terms

• Arabic: الأمومة البديلة (al-ummūma al-badīla)
• Turkish: Taşıyıcı annelik

Islamic Perspective

Legal and Theological Views

In Islam, the topic of surrogate motherhood engages with the broader issues of family, parentage, and lineage, which are fundamentally important concepts in Sharia (Islamic Law). The views on the permissible scope of fertility treatments—including in vitro fertilization (IVF)—have been shaped by classical Islamic jurisprudence (fiqh), where preserving lineage and the marital bond are axiomatic.

1. In Vitro Fertilization (IVF): Generally permitted if done using the husband’s sperm and wife’s egg. The role of technology is seen as merely aiding a typically intricate natural process.
2. Use of Donor Gametes: Strongly discouraged and typically deemed haram (forbidden), as it involves introducing third-party genetic material into the matrimonial bond, which is viewed as an intrusion upon the marital relationship.
3. Surrogate Arrangements: Generally disallowed. The principal objection is the mixing of lineages (nasab) and the potential issues surrounding the determination of motherhood, both significant concerns within Islamic core tissues.

Notable Juristic Opinions

1. Sunni Jurisprudence: Predominantly conservative regarding surrogacy. Notable scholars from the Hanafi, Maliki, Shafi’i, and Hanbali traditions adhere to the impermissibility grounded on preserving nasab (lineage).
2. Shia Jurisprudence: Shows a somewhat diverse array of opinions, though the predominant view also leans towards impermissibility, in principle.

Books for Further Studies

1. “Assisted Reproductive Technology in Islam: Classical and Contemporary Legal and Ethical Discourses” by Lara N. Hasan
2. “Islamic Bioethics: Problems and Perspectives” by Alireza Bagheri
3. “Parenthood and Procreation in Islam: Normative and Bioethical Perspectives” by Zayn Kassam

Takeaways

1. The permissibility of medical fertility assistance such as IVF is generally accepted so long as it involves the legally married couple’s own sperm and eggs.
2. The introduction of third-party genetic material or surrogate mothers into the equation clashes with Islamic notions of lineage and is viewed as impermissible by most scholars.
3. Discourses remain dynamic, reflecting contemporary bioethical challenges while self-consciously engaging classical Islamic jurisprudence.

Conclusion

Surrogate motherhood remains a contentious subject within Islamic jurisprudence. The technology providing possible solutions for infertility must align with principles safeguarding lineage sanctity and marital integrity. The predominant consensus lies in managing reproductive ethics within well-defined religious boundaries, consistently reflecting Islamic values inherited through centuries of legal tradition.

This reference entry should provide a cogent perspective on surrogate motherhood within the context of Islamic jurisprudence while framing the socio-ethical considerations uniquely significant to Muslim beliefs.