Islamic Law and the Surrogate Mother

Abstract

The idea and process of surrogate motherhood, where a woman acts as an
incubator for another couple for payment or otherwise, is vehemently rejected
and condemned by most of the modern Muslim scholars. Many consider it a
form of unlawful sexual intercourse (zina). Others quote a large number of
verses and traditions to show that such an act runs counter to the intention
of the Lawgiver, and it also opposes the laws of nature determined by the
Almighty.The paper argues that none of the arguments given by the modern
scholars against the legal validity of surrogate motherhood are sound. The
implication of the texts they quote is not what is intended by these scholars.
In fact, there is nothing in the texts or even the writings of the jurists that
opposes this process. There may also be arguments in Islamic legal literature
that would encourage such a process. The paper also argues that surrogate
motherhood may be declared valid with certain conditions