In general, surrogacy is legal in Islam in some cases and not in others, depending on the situation. So, when is surrogacy okay in Islam? There are different Sunni and Shia opinions on whether or not surrogacy is allowed in Islam. The full answer that meets your needs and concerns is below.
When is it okay for Muslims to use surrogacy?
Situations that are allowed (halal):
✔ Shia Perspective: Some Shia scholars, especially in Iran, allow surrogacy only if the sperm and egg come from a couple who are legally married.
The surrogate mother should preferably be the second spouse of the same husband to prevent lineage complications.
✔ Medical Necessity: Some scholars contend that infertility treatment is crucial for the preservation of the human species, thereby rendering surrogacy acceptable in the absence of alternative options.
✔ Controlled Financial Agreements: Some scholars think surrogacy is okay as long as it doesn’t involve making money off of it and only covers medical and pregnancy-related costs.
Not Allowed (Haram) Situations:
✖ Sunni Perspective: Most Sunni scholars say that surrogacy is not allowed because it involves a third party, which is seen as a violation of lineage and marital sanctity.
It is thought to be like Zina (unlawful sexual relations) because another woman is carrying the baby.
✖ Using Donor Sperm or Eggs: It is against the law to use sperm or eggs from anyone other than the married couple.
✖ Commercial Surrogacy: Paying a woman to carry a child for you is usually seen as wrong and unfair.
✖ Confusion over inheritance and lineage: If surrogacy leads to fights over parental rights or inheritance, it is not allowed.
Is surrogacy against Islam?
There are different overviews of different religious beliefs, as we said before. To give you all the information, we summarize the beliefs of the two most important groups of Muslims about whether surrogacy is allowed in Islam or not:
Sunni Perspective: A lot of Sunni scholars are against surrogacy because they think it can make people confused about family ties and the value of marriage. They believe that having a surrogate mother could mess up their family tree and compare it to adultery, which is against their beliefs. Also, the medical procedures that go along with surrogacy may require things that are not okay, like looking at or touching private parts. A large group of Islamic scholars, called the Islamic Fiqh Council of the Muslim World League, decided in 1985 that surrogacy was not acceptable in their moral and religious framework.
Shia Perspective: On the other hand, Shia scholars, especially those who study surrogacy in Iran, have been more open to assisted reproductive technologies, such as surrogacy. Ayatollah Ali Khamenei said in 1999 that it is okay to use donors for fertility treatments as long as the egg and sperm come from a couple who are legally married. This decision also lets surrogacy happen in some cases. This practice is not the same as adultery because it doesn’t involve having sex with the surrogate.
Keep in mind that these meanings can change from one scholar to another and from one culture to another. Muslims who are thinking about surrogacy should talk to religious leaders in their area who know a lot about it to get advice that is right for them.
Is it against the law in the Hanafi school of Islam to have a surrogate?
The Hanafi school of Sunni Islam has different ideas about whether or not surrogacy is legal based on how different religious texts and old law rules are interpreted.
Some contemporary scholars contend that surrogacy is impermissible due to its potential to generate ambiguity regarding parentage and to facilitate illicit relationships. Some people, on the other hand, think that surrogacy is okay as long as strict rules are followed to keep family roles clear and honor biological ties.
This conversation is about what the Hanafi legal rules say about surrogacy. It talks about important texts and new medical ideas. In the end, surrogacy might be fine if the parents are married and there are clear rules about who the parents are and who is responsible for the baby.
Islamic Fatwa on Surrogacy
- Ayatollah Ali Khamenei’s 1999 fatwa that allowed third parties to be involved in fertility treatments under certain conditions is just one example of an Islamic scholar who has spoken out about surrogacy.
- Ayatollah Ali al-Sistani says that surrogacy is okay as long as the sperm and egg come from a legally married couple and the fertilized egg is put into another woman’s womb. He says, “There is no problem if the sperm and egg come from the husband and wife, and the fertilized egg is then put into another woman’s womb.” It is okay in and of itself.
sistani.org
He does say, though, that this kind of insemination is only okay when the married couple is going through unbearable problems that can’t be solved any other way. - Sheikh Yusuf al-Qaradawi: Sheikh al-Qaradawi, a well-known Sunni scholar, is against surrogacy because he thinks it’s essential to protect lineage and the sanctity of marriage. He says, “Islam protects lineage by forbidding adultery, fornication (zina), and legal adoption, which keeps the family line clear and prevents any outside influence from coming in.”
These quotes show that Islamic scholars don’t all agree on whether or not surrogacy is legal. This shows how important it is for people of faith to receive tailored advice from religious leaders.Finally, we want to answer another critical question that Muslim women may have:
Can Muslims be surrogates?
The answer to this question also depends on the different religions. To sum up:
- In Sunni Islam (Generally Not Allowed) ❌ Surrogacy is not allowed because it involves a third party, which goes against lineage and the sanctity of marriage.
It is thought to be like Zina (illicit relationships). - Al-Azhar University and the Islamic Fiqh Council have both said no to it.
- In Shia Islam (Allowed Under Conditions) ✔ Some Shia scholars say that surrogacy is okay as long as the sperm and egg come from a couple that is legally married.
- The best person to be a surrogate is the husband’s second wife.
- The procedure does not entail forbidden physical contact.
Last thought:
Surrogacy in Islam is a complicated subject that is shaped by a variety of points of view and summaries. Some people might say that having a third person involved in the holy act of giving birth is against nature and haram. Instead, surrogacy keeps families together and makes sure that the gene stays alive.
In this article, you learned about different aspects of Islam. If you want to know more about the legal system or the views of scholars in Muslim countries, you can get a free consultation at our office in Iran
