The Permissibility of Surrogacy and Compensation in Islamic Jurisprudence

The Permissibility of Surrogacy and Compensation in Islamic Jurisprudence Surrogacy is a complex and debated issue within Islamic jurisprudence, involving various legal, ethical, and moral considerations. This article aims to explore the permissibility of surrogacy within the framework of Islamic law and whether compensation can be provided to parties involved in the surrogacy arrangement. Introduction: Surrogacy is a reproductive practice where a woman carries and gives birth to a child on behalf of another individual or couple. It often involves intricate legal and ethical questions. In Islamic jurisprudence, the permissibility of surrogacy is a matter of debate, and opinions may vary among scholars. Point 1: Hurmat Masahira (Issues Related to Breastfeeding): Hurmat Masahira refers to issues related to breastfeeding and its legal implications in Islam. While it is established that breastfeeding establishes a familial relationship (Rada’ah), surrogacy presents different circumstances, primarily because the surrogate mother is not typically the child’s biological mother. Point 2: Compensation in Surrogacy: The question of compensation in surrogacy arrangements is complex. In Islamic law, the principle of “Mahr” (dower) exists, where a husband provides a gift or financial support to his wife upon marriage. Some argue that this concept may apply to surrogacy, where the intended parents compensate the surrogate mother for her services. Point 3: The Parties Involved: Surrogacy typically involves five parties: the intended parents (genetic parents), the surrogate mother, and the child. The child’s welfare and best interests are paramount in Islamic law, and their rights must be safeguarded. Point 4: Alignment with Islamic Principles: The permissibility of surrogacy within Islamic law must be evaluated in light of Islamic principles, including the protection of lineage (Nasl), the importance of clear familial relationships, and the rights of the child. Point 5: Variability of Opinions: It is essential to acknowledge that opinions on surrogacy in Islam may vary among scholars and across different regions. Some scholars may permit surrogacy under certain conditions, while others may consider it impermissible. Conclusion: The permissibility of surrogacy within Islamic jurisprudence remains a debated issue. While some scholars may argue that it can be allowed under specific conditions, others may prohibit it due to concerns about lineage and familial relationships. The matter of compensation to the parties involved adds another layer of complexity. Ultimately, the well-being and rights of the child should be central in any surrogacy arrangement. As opinions on this matter may differ, it is advisable for individuals or couples considering surrogacy to seek guidance from qualified Islamic scholars or religious authorities who can provide counsel based on their specific circumstances and local legal contexts.