Convincing Proofs Why Surrogacy is Halal in Islam
C.J Ahmed-08.06.2023
Surrogacy is an agreement where a woman agrees to deliver a baby of another couple o person. In surrogacy, the woman is impregnated using in vitro fertilization (IVF) and she will deliver the baby on behalf of the couple or person. Surrogacy is basically done if the woman of a couple canot conceive and the man ‘s semen is used for the pregnancy of the third party woman. Surrogacy is not haram in general but it causes complicated ethical issues and in some cases the surrogate mother has even refused to give bak the baby to the couple due to attachement to the baby.
Why In Vitro Fertilization is Halal
Some scholars are against In vitro fertilisation if the couple are not married or the sperm or the egg is from two unknown people . This argument is wrong because comparing the placing of an egg and a sperm of an unmarried couple has nothing to do with illegal sexual relations. The best example is the example of the miraculous birth of Easa ibn Maryam (Alahissalam) where no man had touched Maryam the mother of Jesus (PBUH).
In the Quran, this is mentioned as follows,
“She said, “My Lord, how will I have a child when no man has touched me?” [The angel] said, “Such is Allāh; He creates what He wills. When He decrees a matter, He only says to it, ‘Be,’ and it is.” (Al-Quran 3:47)
“And Mary, the daughter of ‘Imran, who guarded her chastity, so We blew into through Our angel, and she believed in the words of her Lord and His scriptures and was of the devoutly obedient.” (Al-Quran-66:12)
This does not mean that IVF is like the miraculous birth of Jesus Christ (PBUH) but IVF is done and the baby is born without any sexual relations. The same could be said about test tube babies and surrogacy as well. It could be considered as disliked on IVF for non married couples due to the fact that the child could be attributed to any man who isn’t married and can be a disbeliever whoisn’t a Muslim. The sperm of a Muslim can be ued for this purpose.
Umm Salamah (rali) said: “The people met together and said to one another: What will you say about ‘Eesa when he asks you about him? They said: By Allah, we will say about him what Allah said and what our Prophet brought, no matter what the consequences. When they entered upon him, he [the Negus] said: What do you say about ‘Eesa ibn Maryam? Ja‘far ibn Abi Taalib said to him: We say about him what our Prophet taught: he is the slave of Allah and His Messenger, a Spirit created by Him and His word that He bestowed upon Maryam the Virgin. The Negus struck his hand on the ground and picked up a stick, then he said: Eesa ibn Maryam is no different than what you said, not even as much as this stick.” (Musnad Ahmed-1742-Graded Sahih By Sheikh Albani in his Saheeh Seerah.
Conclusion
Surrogate pregnancy is not haram because In Vitro Fertilization (IVF) is halal in Islam Islam is silent on this issue.
The Prophet (sal) said, “Verily Allah has obligated the obligations – so do not neglect them. And He has limited the limits – so do not transgress them. And His silence about things is from His mercy, not forgetfulness, so do not investigate them.”
(Hasan sahih-Ad-Darqutni No. 4/199 and Al-Baihaqi No. 10/122 and also graded Sahih by Sheikh Albani)
There is no fornication or adultery involved physically to make it haram. A Muslim can avoid the sperm or egg of a non-Muslim and do IVF. Altough it could be declared has disliked, it is not haram to do IVF.
Surrogacy is an agreement where a woman agrees to deliver a baby of another couple o person. In surrogacy, the woman is impregnated using in vitro fertilization (IVF) and she will deliver the baby on behalf of the couple or person. Surrogacy is basically done if the woman of a couple canot conceive and the man ‘s semen is used for the pregnancy of the third party woman. Surrogacy is not haram in general but it causes complicated ethical issues and in some cases the surrogate mother has even refused to give bak the baby to the couple due to attachement to the baby.
Why In Vitro Fertilization is Halal
Some scholars are against In vitro fertilisation if the couple are not married or the sperm or the egg is from two unknown people . This argument is wrong because comparing the placing of an egg and a sperm of an unmarried couple has nothing to do with illegal sexual relations. The best example is the example of the miraculous birth of Easa ibn Maryam (Alahissalam) where no man had touched Maryam the mother of Jesus (PBUH).
In the Quran, this is mentioned as follows,
“She said, “My Lord, how will I have a child when no man has touched me?” [The angel] said, “Such is Allāh; He creates what He wills. When He decrees a matter, He only says to it, ‘Be,’ and it is.” (Al-Quran 3:47)
“And Mary, the daughter of ‘Imran, who guarded her chastity, so We blew into through Our angel, and she believed in the words of her Lord and His scriptures and was of the devoutly obedient.” (Al-Quran-66:12)
This does not mean that IVF is like the miraculous birth of Jesus Christ (PBUH) but IVF is done and the baby is born without any sexual relations. The same could be said about test tube babies and surrogacy as well. It could be considered as disliked on IVF for non married couples due to the fact that the child could be attributed to any man who isn’t married and can be a disbeliever whoisn’t a Muslim. The sperm of a Muslim can be ued for this purpose.
Umm Salamah (rali) said: “The people met together and said to one another: What will you say about ‘Eesa when he asks you about him? They said: By Allah, we will say about him what Allah said and what our Prophet brought, no matter what the consequences. When they entered upon him, he [the Negus] said: What do you say about ‘Eesa ibn Maryam? Ja‘far ibn Abi Taalib said to him: We say about him what our Prophet taught: he is the slave of Allah and His Messenger, a Spirit created by Him and His word that He bestowed upon Maryam the Virgin. The Negus struck his hand on the ground and picked up a stick, then he said: Eesa ibn Maryam is no different than what you said, not even as much as this stick.” (Musnad Ahmed-1742-Graded Sahih By Sheikh Albani in his Saheeh Seerah.
Conclusion
Surrogate pregnancy is not haram because In Vitro Fertilization (IVF) is halal in Islam Islam is silent on this issue.
The Prophet (sal) said, “Verily Allah has obligated the obligations – so do not neglect them. And He has limited the limits – so do not transgress them. And His silence about things is from His mercy, not forgetfulness, so do not investigate them.”
(Hasan sahih-Ad-Darqutni No. 4/199 and Al-Baihaqi No. 10/122 and also graded Sahih by Sheikh Albani)
There is no fornication or adultery involved physically to make it haram. A Muslim can avoid the sperm or egg of a non-Muslim and do IVF. Altough it could be declared has disliked, it is not haram to do IVF.