Volume 18, No. 6, 2021

Legal Status Of Surrogacy In Islam (A Critical Analysis In View Of Jurisprudence Ruling)

Dr. Mohsin Raza , Dr. Fouzia Batool , Dr. Sada Hussain Alvi , Dr. Farhad Ahmad Bhatti , Dr. Ghulam Safoora , Dr. Ghous Uddin Khan


On the basis of Shari’ah and ethics, Islam distinctively offers solutions to the challenges of the present day. The science of 'Principles of Islamic Jurisprudence' has been formulated for this reason, with the sole purpose of deducing sub-issues in the light of Shari’ah principles. The contemporary era's scientific and medical innovations have generated a lot of problems. So the devoted individuals must seek answers to in religious basic sources. Surrogacy's legal and moral standing is one of the most pressing issues in the area of medicine today. This topic has been debated in all of the celestial faiths and ethical systems, not only in Islam. Consequently, several objections and concerns have been expressed regarding various forms of surrogacy. There is a consensus among Muslim jurists on the prohibition of all cases of surrogacy except the one i.e. the total surrogacy. There is a difference of legal opinion among Muslim jurists in this form of surrogacy. One class prohibits it and the other justifies it under duress. Both the groups have arguments on their point of view. This study examines this contentious kind of surrogacy, as well as the arguments against it and the responses to them. It will help scholars better understand different points of view.

Pages: 6268-6277

Keywords: Islam, Infertility, Jurisprudence, Legal status, Shari‘ah, Surrogacy

Full Text