Fatwaa ID: 097

Question:

Dear Sheikh,

Assalamoalykum Wa rahmatulla hi wa barakatahu… May Allah be agree with you. 

I would like to ask , is surrogacy allowed in Islam ? 

Jazakallaha Khair

Answer:

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

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)

Islam 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.

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

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[1] جديد فقهى مسائل (5/ 151)

جامع الفتاوى (3/ 240)

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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