Exploring The Status of Surrogacy: An Islamic Juridical Review

Abstract

With recent advances in medical research linked to modern techniques of reproduction, it has been very pleasant news for couples who were unable to have a child owing to infertility. Among these, gestational surrogacy has become a viable option for couples who were previously unable to benefit from In-Vitro Fertilization (IVF). However, this practice is still regarded as unfeasible for Muslim couples by many schools of thought, particularly Sunni Islam, which severely opposes it due to its unharmonious nature in relation to Islam. Our research addresses the key problems raised by these schools of thought. These mostly include lineage preservation, third-party involvement, and negative psychological effects. These arguments for prohibiting gestational surrogacy are thus contested based on moral philosophy, medical research findings, and Islamic Juridical Law (Sharī’ah). This research grounds its findings on Sunni Islamic traditions, which are not only morally permissible but also necessary for the overall well-being of society. Finally, this study includes a comparative investigation of Islamic and Western secular theoretical perspectives. As a result, based on the explanation for the highlighted concerns, Islamic scholars are requested to reassess their viewpoints on the issue of surrogacy in Islamic Law.