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Message Icon Topic: Does Islam allow Surrogate mothers? Post Reply Post New Topic
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Abeer23
 
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Quote Abeer23 Replybullet Posted: 04 May 2006 at 12:52am

As salamu alaikum.  Of course we're allowed to seek medical help when necessary.  I don't think the sheikh ment we have to lay at home and die when we become ill . 

Surrogacy isn't a life-death situation though.  It's a choice.  I can totally understand the logic of this ruling.  Allah ta'la says:

2:223 Your wives are as a tilth unto you; so approach your tilth when or how ye will; but do some good act for your souls beforehand; and fear Allah. And know that ye are to meet Him (in the Hereafter), and give (these) good tidings to those who believe.

He doesn't say "any and all women" or "your wives and their sisters."   The word tilth here is symbolic.   I can see the relationship between "womb" and "tilth."   A womans womb can only be used by her husband.  (used by her husband sounds kind of gross, but i don't know how else to put it)

A man is not allowed to marry his wife's sister, so how can his sperm (or the product of it actually) go into her by halal?

A woman has to be married to the father of the baby she carries.  Men are not even allowed to divoce their wives if they're pregnant.  So how can she carry the child of a man she's never married and who marriage to him is haram.  

Having sex outside of marriage is zina, so what is it when a woman allows a man's sperm to enter her and he's not her husband?

It just makes sense to me.

P.S

The part about "third party" could have been worded better.  He didn't mean there's no third party in marriage he meant no third party in having children.

Wallahu A'lam

 

 
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amah
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Quote amah Replybullet Posted: 04 May 2006 at 1:39am
Originally posted by Mishmish

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



So if you do not agree with surrogacy, then why don't you give us your good reasoning sister???????????????? May be your reasoning will be more solid.
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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Quote amah Replybullet Posted: 04 May 2006 at 1:44am
Dear Abeer23,

I liked your "understanding" and interpretation of the fatwa and of the shaikh. Whatever you thought, is exactly what he meant, Allah knows best. 
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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peacemaker
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Quote peacemaker Replybullet Posted: 04 May 2006 at 1:47am

Assalamu Alaikum!

Sister Herjihad:

"We were given science as a means to reach heights of knowledge by our All-Knowing Lord.  Let's use our brains."
 
I want to address this matter, though it is not directly connected to the topic.
 
I agree with you Sister herjihad that Allah blessed us Science.

I would just like to respectfully add here something as far as science is concerned. Scientific thinking or knowledge is very important in today's world, however, we have to be careful when we apply it to Islam. When we have clear cut evidence from Qur'an or/and Sunnah, Scientific knowledge can further strengthen our faith in Allah. That relationship of Islam and Science is evident and can be seen even at the forum here in Islam and Science Section. However, in the matters when there is absolutely no evidence from Qur'an and Sunnah or the lives of first generation of Muslims ( Sahabas ) or later generations of Scholars of Islam, we can consider Science in order to make Islamic decisions.

That is because taking Science as sole basis in order to deduce Islamic laws can be quite misleading. Why? Because Science changes its face quite often. Even in my own life time, I have seen drastic changes in scientific thinking. In 1973, my science teacher in elementary school taught me that Sun was stationary and planets revolved round the sun, whereas the modern theory believes that Sun is also moving alongwith other bodies in the space that confirms Islamic notion. But, the point is Muslims have believed for the last 1400 years that Sun moves alongwith other bodies in space regardless of scientific instance, and that is what we call faith. And in present times when Science confirms Islamic notion, that strengthens our faith further when we study Science.

When great Scientist Newton was asked to tell about his position in relation to the rest of the world, he said that  what he knew was nothing compared to what he didn't know.

Allah knows best.
 
I have not directly addressed the topic, but it would hopefully help in some way.

May Allah guide us all.

Peace
 
Then which of the favours of your Lord will ye deny?
Qur'an 55:13
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amah
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Quote amah Replybullet Posted: 04 May 2006 at 1:54am
Jazakallahkhair brother  peacemaker, for explaining this beautifully- the relationship between science and islam..........Can you provide us with more evidence regarding surrogacy to help us know whether it is really haram or halal??
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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Quote peacemaker Replybullet Posted: 04 May 2006 at 2:02am

Assalamu Alaikum sister amah,

I am going bit busy right now. Insha Allah I will answer later.

Peace

Then which of the favours of your Lord will ye deny?
Qur'an 55:13
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Quote amah Replybullet Posted: 04 May 2006 at 2:04am
Wa Alaikumassalaam,

No problem brother, jazakallahukhair.
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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Quote amah Replybullet Posted: 04 May 2006 at 2:06am

Does Islam Allow “Surrogate Motherhood”?



 



Dear scholars, As-Salamu `alaykum. What is the Islamic view of surrogate motherhood? Is a married couple allowed to use this procedure to have a child? Jazakum Allah khayran.


Content of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, we really appreciate your forwarding this question to us, and we commend your keenness on getting yourself well-acquainted with the teachings of Islam. May Allah help us all keep firm on the Right Path, Ameen!

As far as Islamic Shari`ah is concerned, surrogate motherhood or what is called “hiring a womb” is not allowed since it involves introducing the sperm of a male into the uterus of a woman to whom he is not married and, thus, it clearly falls under the specific category of transgressing the bounds of Allah.

Answering your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

Surrogate motherhood is often euphemistically referred to as “hiring a womb.” The procedure involves using the service of another woman to serve as a carrier for the fertilized ovum of a couple. The woman makes herself available to inject the fertilized ovum into her own womb and then carries the child to its full term on behalf of the other couple. It is often done in lieu of a specified remuneration or free of charge. People resort to this procedure either because a married woman who desires to have a child has problems in carrying her child to its full term or because of her desire to simply forgo the “trouble” of conception and labor.

According to the rules of Shari`ah, surrogate motherhood as described above is not allowed, since it involves introducing the sperm of a male into the uterus of a woman to whom he is not married and, thus, it clearly falls under the specific category of transgressing the bounds of Allah as stated in the Qur’an:
(Those who guard their private parts except from their spouses…) (Al-Mu’minun: 5). “Whosoever goes beyond that are indeed transgressors” (Al-Mu’minun 23: 7).

By introducing a third party into the family equation, this procedure throws into confusion the issue of the identity of the child. In Islam, every child has a right to a definite parentage, namely, that of a father and mother. In the case of surrogate motherhood, the question arises as to the identity of the real mother of the child thus conceived. Is she the genetic mother who provides the egg from which the child is born, or is she the woman whose womb serves as a carrier for the child? Such confusion is bound to affect the child emotionally as he will be torn between two mothers. Further, it may also lead to legal fights over the parentage of the child, as happened in the United States in the case of a child thus conceived in 1987.

Finally, the entire procedure amounts to dehumanizing the process of human procreation by reducing womb down to the level of a commodity that can be bought or rented for service. Ultimately, such a process, yet again, violates the dignity and honor that Allah Almighty has bestowed on man and woman.

Excerpted, with slight modifications, from: www.islam.ca

You can also read:

In Vitro Fertilization: Islamic View

Artificial Insemination from an Islamic Perspective

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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