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Does Islam allow Surrogate mothers? |
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Hayfa 
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 Topic: Does Islam allow Surrogate mothers?Posted: 06 April 2010 at 8:05pm |
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Salaams
Welcome Muslim 1111. Thank you for your input. Hope to read more from you! Hayfa |
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When you do things from your soul, you feel a river moving in you, a joy. Rumi
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Muslim1111
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Joined: 06 April 2010 Status: Offline Points: 1 |
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Posted: 06 April 2010 at 9:51am |
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Dear all,
Assalamu alaikum. I am not a scholar, but a student of this subject. Although the Sunni scholarship has generally disallowed surrogacy through a 3rd party donor or surrogate, in 2001, the Islamic Research Council of Al-Azhar addressed the situation where a woman had her uterus removed due to the existence of fibroids in and near the pelvic area. The Council issued a statement in Voices of Al-Azhar magazine still stating that the artificial reproductive technique as haram, but the scholars were not unanimous on the matter. If you know about the role of consensus in Islamic law, you will understand that losing consensus is a big deal. That means that there were a minority of scholars who believed that in that situation, surrogacy is permitted. And Islam does not afford the majority with nearly the same power as a consensus. Still, however, the scholars in and outside this group generally disallow surrogacy because of the zina argument and the confusion of lineage argument.
The zina argument is weak. I believe someone on this board posted the exact nature (fertilized egg) of what is being implanted, and if you explain that to a scholar, he/she is more likely to understand the weakness of the argument. Frankly, there is no fornication going on in this arrangement.
The confusion of lineage is an interesting issue. The verse quoted earlier is the most commonly stated one, that "you are not a mother, except if you give birth." But someone on this board again stated that the same issue exists with adoption, and Islam encourages taking care of children in need, as long as you do not confuse their lineage. In addition, many people have made the argument that "womb rental" is similar to paying someone to take care of a child or feed a child, which is permissible in Islam and was done with the Prophet (saw). In other words, an aspect of motherhood is being contracted out to someone else in both situations.
On a final note, the Prophet (saw) used to honor and respect Halimah (R) and Barakah (R), two unrelated women who played a crucial role in his up-bringing. Halimah (R) nursed him (S) and took care of him for many of his formative years. Barakah (R) was the only person with the Prophet (S) from birth to death. Regarding Barakah (R), she became a member of his household for most of his life and called him "son" and he (saw) called her as "mother". I believe the issues that come up regarding surrogacy can be avoided as long as the child is taught to honor and respect the surrogate as a mother, and not simply try to sever all ties with the surrogate (as most couples try to do through a contract in the West). The Prophet (saw) encouraged the creation of relationships and I hope and pray that Allah (swt) guides us towards the proper belief and view on the matter, as there are many Muslims who can't have children and many women who have difficulty marrying because of the problem, that needs solving.
Salam.
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Yasmeen
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Posted: 07 May 2009 at 4:51am |
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My prediction was correct sadly
 BUT I am glad that there are some wise people here who disagree  My SIL is in the same boat and I am researching this avenue for her. Surely then the heart. The organ of love must if this ruling were to be followed NOT be transplanted into muslims. In fact any organ from one person to another as this could be considered adultery by the sheikhs reasoning. The owner of the sperm IS NOT!! having sex with the other woman. This is patently obvious surely  The implanted egg is just that. An EGG. Filled with the genetic material of both parents and the woman is purely an incubator, just like the petrie dish in the lab was. Nowadays they are even researching how to take the genetic material/DNA of a woman unable to conceive and inject it into another woman egg, then add the husbands sperm, so that women who have no eggs can have the chance to conceive. The EGG would then have NO DNA from the original mother. I can't wait to hear what the blessed sheikh has to say about that scenario  I really feel that these sheikhs should concentrate a bit more of their time on finding homes for orphans. It is appalling that in 2009 with so many muslim orphans around the world due to wars that their efforts are spent making orphanages and denying the children a loving family home. Something you find much less of in the West. The Middle East sadly is full of Moslems but the real Islamic people are found outwith the Muslim community it seems  Muslims are great at building mosques and orphanages. But it is rare to find real Islam in it's people sadly. Islam is not about how many times a day you pray. It is about your humanity to your fellow man and living in Egypt and looking around the world I am STILL searching for Islam in the Middle East. |
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Yasmeen
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Posted: 07 May 2009 at 4:35am |
Why would you have to search Surely if it was Haram then Quran would state this There is nothing in the 3 books of the believers to say that surrogacy is forbidden and unless something is expressly forbidden then it is surely halal as Allah says! I have a feeling that as I read further in this thread there will be a human making decisions on surrogacy and this is completely against the words of Allah. I hope that I am wrong. |
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Chrysalis
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Posted: 09 June 2008 at 10:59am |
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I think this issue is a pretty valid one .. . and there can be strong arguments for both sides. I also think that this is one of the issues that is better left to the scholars (educated ones, both Islamically and other wise) to discuss and decide. Because this is such a delicate issue. . . with so many points to ponder on. . . e.g. the egg and sperm technically make it the couple's child . . . but then, so is the surrogate! But then, what about the Ayah that one of the members posted. I personally will not try to give my own 2 cents(tho I hav many :p), since the knowledge required (Scientific & Religous) is above the average muslim's. Hopefully Insha'allah there are some good scholars out there that manage to find a ruling for this issue. . .
Peace. |
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Hayfa
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Posted: 23 April 2008 at 6:37am |
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The question is if they want a baby, not that many babies, so people go overseas. Most kids needing adoption are adotped from overseas. And costs thousands and thousands of dollars. Yes many kids need homes, but they are often older.
Yeah, not sure you could be a surrogate....
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When you do things from your soul, you feel a river moving in you, a joy. Rumi
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FruitBodyWash
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Posted: 22 April 2008 at 7:25am |
 Thank you for your reply
My aunt lives in Tennesse, and she is not a Muslim. I think she is going for infant adoption, but I also remember her talking about a brother and sister who they were considering the first time.
I really don't understand how they can tell her she is too old. From what I can tell, there are so many orphans, that they shouldn't be so picky to keep parentless children apart from childless parents due to age.
She is a wonderful person, who I feel would make a great mother. I am sorry that I don't know the full situation, or I could give a more detailed reason as to why she was told she is too old. But basically they say they prefer younger couples for adoption.... *shrugs*
I was just asking for me, personally, to know what I could do for her.
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Hayfa
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Posted: 22 April 2008 at 7:03am |
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Salaams FruitBody Wash, Welcome to the Forum..
Where do you live, as 38 too old?? does the adoption need to be a baby? And there are tons of agencies.. Has she only been to one?
Just curious? She can also sue on age discrimination.. are you sure it is not gor other reasons and they are just telling her age? do they know she is Muslim? Is it in the fine print??
Something smells fishy..
Hayfa
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When you do things from your soul, you feel a river moving in you, a joy. Rumi
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