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Does Islam allow Surrogate mothers?

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sarahrosecurry View Drop Down
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    Posted: 30 April 2006 at 8:33am

Due to health issues, I am not able to conceive children of my own.  My husband and I would really like to have a child. My sister has told us that if we wanted a baby she would carry one for us. My question is, is this permissible in Islam?

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amah View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote amah Quote  Post ReplyReply Direct Link To This Post Posted: 01 May 2006 at 2:07am
Assalaamualaikum dear sister,

Sorry to hear about this, though i do not know your exact problem, but still I will pray for you, nothing is impossible for Allah , the Exalted!

Regd. your question, I have read that it is not allowed. I'm trying to search where I read it.....so that i can give you proof. I hope we find the correct view on this.

May Allah bless you with patience and reward you for it. take care.
wassalaam....
Allah is Sufficient as a Walee (Protector) and Allah is Sufficient as a Naseer (Helper).
(Surah An-Nisa, Chapter #4, Verse #45)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote amah Quote  Post ReplyReply Direct Link To This Post Posted: 01 May 2006 at 5:24am
http://www.islamonline.net/servlet/Satellite?pagename=IslamO nline-English-Ask_Scholar/FatwaE/FatwaE&cid=111950354693 8

http://63.175.194.25/index.php?ln=eng&ds=qa&lv=brows e&QR=22126&dgn=4

http://islam-usa.com/e113.htm

Sister hope these help! May Allah make it easy for you!
Allah is Sufficient as a Walee (Protector) and Allah is Sufficient as a Naseer (Helper).
(Surah An-Nisa, Chapter #4, Verse #45)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote herjihad Quote  Post ReplyReply Direct Link To This Post Posted: 01 May 2006 at 5:38am

Bismillah,

Why not?  The baby would have two mothers then.  What a lucky kid!

Al-Hamdulillah (From a Married Muslimah) La Howla Wa La Quwata Illa BiLLah - There is no Effort or Power except with Allah's Will.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Abeer23 Quote  Post ReplyReply Direct Link To This Post Posted: 03 May 2006 at 2:30am

Sister Sarah, I'm very sorry to hear about your difficulty.  I pray that Allah makes what is better for you easy for you.  Remember, the doctors aren't God.  How old was Sarah when she gave birth to Issac again?  Allah is powerful and he's merciful.    In sha allah, don't lose hope in Allah's mercy sis.  I will be sure to make dua for you

With regards to your question.  I have to agree with sister Amah.  I know it to not be allowed.   

Salaam 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote herjihad Quote  Post ReplyReply Direct Link To This Post Posted: 03 May 2006 at 3:41am

Bismillah,
Here is a link that Sister Amah provided.
Islam Questions & Answers
www.islam-qa.com

Question Reference Number:: 22126
Title: Renting wombs is haraam

Home > Jurisprudence and Islamic Rulings > Customs and traditions > Medicine and medical treatments >
Question:

There is a woman who is unable to carry a pregnancy to full term. What is the ruling on taking an egg from her, fertilizing it with her husband’s sperm, then implanting it in the womb of another woman, whether that is in return for payment or not?

Answer:

Praise be to Allaah.

Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan al-Jibreen answered this question as follows: 

We say that this is something innovated and reprehensible. The scholars have not spoken of it previously and it is not narrated that any of the scholars or imams of this ummah permitted that, or that it crossed their minds, or that they were asked about any such thing, even though the means and the motive existed that may have called for such a thing. This is something that has come up recently, within the last few years, where the idea of renting wombs been made attractive (by the Shaytaan) to some people and they say there is nothing wrong with it and so on. Undoubtedly this is haraam, primarily because Allaah has commanded us to guard our chastity, as He says (interpretation of the meaning): 

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)

Except from their wives or (the slaves) that their right hands possess, for then, they are free from blame”

[al-Mu’minoon 23:5-6]

 So Allaah has forbidden us to engage in sexual activity with anyone except our wives and female slaves, i.e., having intercourse with them (female slaves) on the basis of possession.

 Secondly, Allaah tells us that man is enjoined to protect his lineage and his children. Undoubtedly this womb-renting will lead to confusion of lineage and not knowing who the father or mother is. This confusion of lineage will lead to disputes between the original wife and the woman whose womb is rented, and it will not be known to whom the child belongs. Even if we say that he belongs to one of them, the matter still will not be certain. Hence we advise women to keep away from such things.  Moreover, this undoubtedly requires looking at ‘awrahs and at the private parts which it is forbidden to see, and it also requires collecting sperm and extracting the eggs and placing them in other wombs. All of that is not allowed in sharee’ah, indeed it comes under prohibition mentioned in the aayah (interpretation of the meaning): 

“Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts)”

[al-Noor 24:30] 

What is meant is to protect them by covering them so that no one will see the ‘awrah of another. This is the way of Islam and we pay no attention to those who deviate and go against that, and permit this borrowing and this renting of wombs, the consequences of which will undoubtedly be disastrous. 

-- 

Renting wombs is one of the innovations of western civilization, which is a purely materialistic civilization which does not give any weight to moral values and principles. The issue is not things that may affect inherited characteristics or confuse lineage; that is not the point of the shar’i ruling. Whether that leads to any effect on inherited characteristics or not, whether that results in confusion of lineage or not, it does not matter, because the shar’i ruling forbidding this innovation is based on something else, which is that the womb is a part of a woman’s private parts and the private parts (i.e., sexual relations) are not permissible except through the shar’i contract whose conditions are fully met. So the womb is exclusively for the husband who is married to that woman according to a valid marriage contract, and no one else has any right to use it for an alien pregnancy. If the woman who rents out her womb is not married to that husband, then she is permitting her private parts and her womb to a man who is a stranger to her; she is not permissible for him and he is not permissible for her. Even if this is not full-scale zinaa (adultery), it is still definitely haraam because it is enabling a man who is a stranger to her (i.e., not married to her) to put his semen in her womb. 

Dr. ‘Abd al-‘Azeem al-Mat’ani, al-Azhaar University 

-- 

The foetus is nourished and is influenced by the womb and the environment that surrounds him. Bad habits on the part of the surrogate mother may lead to deformity of the foetus, such as smoking, drinking alcohol, etc. Then what if the doctors discover some physical deformity in the foetus before birth and try to treat that by means of surgical intervention? Will the surrogate mother allow that? Will she put her life at risk for the sake of a child who does not belong to her? Moreover, there are some women who become sick as a result of pregnancy, suffering such diseases as a sudden rise in the level of blood sugar, or a rise in blood pressure, or toxaemia, some of which may take the life of the pregnant woman and which require medical intervention to sacrifice the foetus in order to save the life of the pregnant woman. How would the surrogate mother and the original mother work this out? How are we to deal with the ethical, legal, social and psychological problems that result from that? Therefore we can reach only one conclusion, which is that the mother who carries the pregnancy can only be the original mother, the child should be attributed to the marriage bed, and that she should conceive, nourish her foetus and give birth to it. Saying that renting wombs is like hiring wet-nurses has no basis in truth, for a wet-nurse breastfeeds a child whose lineage is known, and she can stop breastfeeding him when she wants or when the original mother wants, if she feels that there is any danger. Moreover, in the relationship between a husband and wife there is no room for any third party, no matter who he or she is, not for renting a womb or for donating sperm or donating eggs. Because of such things innumerable problems have arisen in western societies. In Britain an original mother gave twenty thousand pounds to a surrogate mother in return for renting her womb for nine months. When that time was over, the surrogate mother demanded many times that amount from the original mother in exchange for giving up possession of the child. So if this door is opened it will bring us innumerable legal and social problems. 

Prof. Jamaal Abu’l-Suroor – Dean of Medicine, al-Azhaar


 

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I need to go; but I will point out something that others may not have considered.  The reasoning in this would be the same as saying that we cannot have heart surgery or diabetic treatments because these did not exist in the Blessed Prophet's time.
We were given science as a means to reach heights of knowledge by our All-Knowing Lord.  Let's use our brains.
Peace.
Al-Hamdulillah (From a Married Muslimah) La Howla Wa La Quwata Illa BiLLah - There is no Effort or Power except with Allah's Will.
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liyala View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote liyala Quote  Post ReplyReply Direct Link To This Post Posted: 03 May 2006 at 3:41pm

Assalaam alaikum Sister Sarah,

how do you understand it? what did you decide?

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Mishmish View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mishmish Quote  Post ReplyReply Direct Link To This Post Posted: 03 May 2006 at 4:22pm

Assalamu Alaikum:

The points put forth by the Sheikh and the daleel he gives are not necessarily pertinent to this topic.

Does this Sheikh believe that we should never have a pap smear or examination during pregnancy? What if we have genital cancer, or men have prostate or genital cancer? Are we only allowed to go to a doctor that is Mahrem? How would we even know if we had cancer if we are never allowed to expose our aura to anyone, including medical professionals?

If the egg is from the mother and implanted with the sperm of the father, how would that bring the baby's lineage into question? Even if there were any doubt, DNA tests could take care of that.

And it would not be the actual semen that would be put into her womb, but a fertilized egg, which is a different organism.

Even his distaste for "renting the womb" can be answered if the surrogate is your sister, family member or friend willing to do this for no money, just out of love. This would also sort of insure that she would take good prenatal care of the baby.

And saying there should be no third party in a marriage could almost be construed as then saying there should be no polygeny in Islam because there is a third, fourth, or maybe even fifth person in the marriage.

I am not saying that I agree with surrogacy, I just do not see the legitimacy of this particular reasoning.



Edited by Mishmish
It is only with the heart that one can see clearly, what is essential is invisible to the eye. (The Little Prince)
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