is surrogacy haram in islam

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10-10-2024

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Is Surrogacy Haram in Islam? Navigating a Complex Issue

The question of whether surrogacy is permissible in Islam is a complex one, with differing interpretations and perspectives. While there is no explicit mention of surrogacy in the Quran, Islamic scholars rely on various principles and rulings to arrive at their conclusions.

Arguments Against Surrogacy:

One prominent argument against surrogacy stems from the concept of nasab (lineage). As highlighted in an article by Dr. Khaled Abou El Fadl, Professor of Law at UCLA, on Academia.edu, Islam emphasizes the importance of establishing a clear and legitimate lineage for children. In traditional Islamic understanding, a child's lineage is directly connected to the biological mother, which is challenged by surrogacy.

Another concern is the potential for exploitation and commodification of women. This argument, explored in a paper by Dr. Zohra Sarwari on Academia.edu, focuses on the ethical implications of using a woman's body for financial gain and the potential for exploitation in a commercial surrogacy setting.

Arguments in Favor of Surrogacy:

On the other hand, some scholars argue that surrogacy can be permissible under certain conditions. This perspective emphasizes the importance of helping infertile couples achieve their desire for parenthood. Dr. Muhammad Al-Haddad, a prominent Islamic scholar, outlines in his research on Academia.edu that surrogacy could be considered a form of "al-wala" (legal guardianship) or "al-ra'ayah" (caretaking), which are permissible in Islam.

Furthermore, some argue that the focus should be on the child's welfare, especially in cases where the intended parents are unable to conceive naturally. This perspective, presented by Dr. Aisha B. al-Adawiya on Academia.edu, emphasizes the importance of creating a loving and stable home for a child, regardless of the method of conception.

Challenges and Considerations:

It is crucial to acknowledge that there are several challenges and considerations surrounding surrogacy in Islam.

• Legal frameworks: Surrogacy laws vary widely across Muslim-majority countries, creating further complexity.
• Ethical implications: The issue of commercialization, potential exploitation, and the child's right to know their biological parents needs careful consideration.
• Religious interpretations: The diverse range of Islamic legal schools and interpretations contribute to the ongoing debate.

Conclusion:

The question of surrogacy in Islam remains a subject of ongoing discussion and interpretation. While the traditional understanding emphasizes the importance of lineage and avoids the potential for exploitation, there are arguments that emphasize the importance of fulfilling the desire for parenthood and ensuring the child's well-being.

Ultimately, each individual must seek guidance from qualified Islamic scholars and consider the specific circumstances of their situation.

Additional Information:

• This article is intended to provide a brief overview of the complexities surrounding surrogacy in Islam. It is not a definitive legal or religious ruling.
• Readers are encouraged to consult with qualified Islamic scholars for personalized guidance and further information on this topic.
• The links to the cited articles on Academia.edu are not provided here, but can be easily found using the names of the authors and topics mentioned.

Keywords: Surrogacy, Islam, Haram, Lineage, Nasab, Exploitation, Commodification, Parenthood, Infertility, Ethical Considerations, Legal Frameworks, Religious Interpretations.