Tuesday, October 4, 2022
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SURROGACY DUE TO HYRESTOCAMY

Fatwaa ID: 014

Question:

I am a 25 year old female. Due to medical reasons at the age of 19 an emergency subtotal hysterectomy was performed as there was too much internal bleeding. As I will not be able to carry a child the only option i have is surrogacy with my eggs and husbands sperm. So I would be the biological mother of the child.

As I can not conceive it has caused problems in me getting married so if this option would be available it would be easier for me to get married and have a better life. Before you give a fatwa please look at the details of the facts asour prophet would have surely given a solution. It is not fair that women can haveIVF if they cant conceive naturally but what about unmarried women that have obstacles. I believe that the sperm and egg become embryo before it is placed in the surrogate therefore sperm does not enter another woman. 

Please help and give a fatwa by looking at the facts fairly.

Thanks

Answer:

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Sister in Islaam, 

We sympathize with you in your unfortunate predicament. We make du’aa that Allaah Ta’aala grants you the courage to overcome your difficulty. Indeed Allaah Ta’aala tests every individual differently. Remain patient with and accept the decree of Allaah Ta’aala and you will find bliss therein. 

At the outset, it is important to understand that it is Allaah Ta’aala who grants couples children and it is He who deprives them of children. Consider the following verse:

يَهَبُ لِمَنْ يَشَاءُ إِنَاثًا وَيَهَبُ لِمَنْ يَشَاءُ الذُّكُورَ (49) أَوْ يُزَوِّجُهُمْ ذُكْرَانًا وَإِنَاثًا وَيَجْعَلُ مَنْ يَشَاءُ عَقِيمًا إِنَّهُ عَلِيمٌ قَدِيرٌ

Translation: He grants to whomever He so wills female offspring and He grants to whomever He so wills male offspring. Or He bestows (upon some) both males and females. And He makes barren whomever He so wills. Indeed, He is All-Knowing, All-mighty. (Ash-Shooraa v.49-50)

Islaam is a pure religion and thus emphasizes greatly on the preservation and purity of one’s lineage. This is maintained by having no involvement from a third person. A child’s parents are his father and mother. Moreover, the bond between a child and the mother as well as the nurturing starts when the child is in the mother’s womb. This is absent in the case of a surrogate.

Accordingly, surrogacy or the involvement of a third person in reproduction is not permissible[1].

If a couple is unable to bear children, they should firstly turn to Allaah Ta’aala with the following du’aa:

رَبِّ هَبْ لِي مِن لَّدُنْكَ ذُرِّيَّةً طَيِّبَةً إِنَّكَ سَمِيعُ الدُّعَاءِ

This is the du’aa of Sayyiduna Zakariyyaa (‘Alaihis salaam) when he was faced with a similar situation. Allaah Ta’aala accepted his du’aas despite his old age and barren wife.

Alternatively, a couple may consider adoption. That is indeed a virtuous deed.

And Allaah Ta’aala Knows Best.
Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


[1] جديد فقهى مسائل (5/ 151)

جامع الفتاوى (3240)

حلال وحرام (ص. 302)

نظام الفتاوى (1/ 337)

فتاوى دار العلوم زكريا   (6/ 790)

Islamic principles on family planning (pg.150)

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Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.