Surrogacy and Islam: Between Permissibility and Prohibition
Surrogacy has been a much debated issue from the Shari’ah perspective since the mid-1980s and is still being discussed. It is generally considered impermissible in Islam. This issue was first addressed at the seventh session of the Muslim World League’s Islamic Fiqh Council meeting in 1404 AH/1985 CE, wherein the following year, the Council permitted fertilisation of the zygote only among married couples but with certain conditions. The Council however retracted its earlier views on permitting surrogacy among co-wives of the same husband. Similarly, the Fiqh Council of the Organization of Islamic Conference (OIC) in 1986 concluded that surrogacy could be permissible only between married couples and under certain conditions.2 Despite a restrictive opinion from these two authoritative fiqh councils, some Muslim scholars have also argued in favour of surrogacy, which demands more discussion here.