The Role of Shari’ah in Regulating Surrogacy An Analytical Study of Its Ethical and Social Consequences

Abstract

The practice of gestational help in procreation, or surrogacy, is still up for debate in Islamic law. The legality of surrogacy under Shari’ah law has been the subject of heated dispute among experts, leading to a variety of interpretations and positions. This article gives a summary of the debates surrounding surrogacy in Islamic law while stressing the main arguments for and against its legality. This article uses qualitative methods along with analytical and descriptive techniques to investigate the debates about surrogacy in Islamic law. It is critical to understand the differences between national surrogacy laws and regulations, which may or may not be in line with Islamic beliefs. People seeking advice are therefore urged to speak with competent and skilled scholars who can do so within the context of Islamic ethics and regional legal frameworks. The article highlights the ongoing scholarly debate around surrogacy in Islamic law. Understanding the various perspectives and conducting further study can help to create a greater awareness of the connection between surrogacy and Shari’ah compliance, even though there is no universal agreement on whether it is permissible or not. Islamic jurists (Fatwas) formed an absolute view that traditional surrogacy is strictly forbidden but so far as gestational surrogacy where the embryo is actually created by using the ova and sperm of the commissioning couple is concerned, there is no such absolute prohibition or permission under Shari’ah. The present paper argues that none of the arguments forwarded by the modern scholars against the legality of surrogate motherhood are sound and also argues that surrogate motherhood deserve to be declared valid though with certain conditions.