Reexamining the Prohibition of Gestational Surrogacy in Sunni Islam

Abstract

Advances in reproductive medicine have provided new, and much needed, hope for millions of people struggling with infertility. Gestational surrogacy is one such development that has been gaining popularity with infertile couples, especially those unable to benefit from other reproductive procedures such as In Vitro Fertilization. For many Muslim couples, however, surrogacy remains a nonviable option. Islamic scholars have deemed the procedure incompatible with Islam and have prohibited its use. This paper examines the arguments presented for proscribing surrogacy arrangements in Sunni Islam in particular. These include preservation of lineage, exclusion of third parties in reproduction, upholding the rights of the child, and protection from the negative effects of surrogacy arrangements. The rationales for banning surrogacy are subsequently refuted utilizing Islamic law "Sharia", bioethics, and medical evidence. The paper also presents reasons for why surrogacy is not only consistent with Sunni Islamic teachings, but is also both ethically justified and medically necessary. Lastly, Islamic scholars are urged to take into account the arguments presented in this paper and reconsider their rulings on the permissibility of surrogacy.

Attitude of Jordanian Health Care Workers Toward Surrogacy

“…A comparable trend was reported by another Jordanian study showing that religion was a fundamental determinant of attitude toward surrogacy (21). The preservation of lineage, the exclusion of third parties in reproduction, the upholding of the child's rights, and the protection from the negative effects of surrogacy are the major reasoning in prohibiting surrogacy in Muslim Sunni community (20,29). One of the fundamental principles in Sunni Islam is protecting the family lineage.…”

“…For example: 1) a Swedish study demonstrated that 63 of physicians were positive or neutral toward altruistic surrogacy being introduced in Sweden (26), 2) a Romanian study showed that 78 of physicians had high acceptance of ARTs including surrogacy (27), and 3) a British study found that 72 of medical students considered surrogacy as an acceptable form of assisted reproduction (28). Religion seems to play an important role in determining the attitude toward this and similar issues; since 71.7 of participants referred to religion as the source of their attitude (20,29). A comparable trend was reported by another Jordanian study showing that religion was a fundamental determinant of attitude toward surrogacy (21).…”

Infertility in Muslim Refugees: A Review of the Literature

“…Parenthood carries high social value in Muslim societies [4,24,25] and is often tied to an individual's self-perception of manhood or womanhood [3,26,27]. In a pronatalist society, infertility essentially becomes a "social crisis," [3,5] accompanied by substantial distress and stigma for both men and women [11,26,28,29]. The stigma associated with infertility may sometimes lead infertile couples to keep their infertility-and its treatment--a secret [10,29,30].…”

Psychological and Societal Impacts of Unknown Descent and The Islamic Objective of Nasab. A Preliminary Study of Chosen Biomedical Technologies

“…While the majority of Muslim scholars do not allow surrogacy due to the mixing of nasab and the resulting unclear status of the child's lineage, some scholars (mainly of the Twelver Shia school) allow surrogacy in case the surrogate mother and the egg donor are married to the intended father. 42,44,47 The question of the establishment of motherhood, however, remains. Does the surrogate child in this case have two mothers, a genetic and a birth mother?…”