Is surrogate mother halal or haram?

The question of whether or not surrogacy is permissible in Islam is a complex one and there is no definitive answer agreed upon by all scholars.

Here are some of the key issues and arguments considered:

Arguments against surrogacy:

* Prohibition on third-party involvement in procreation: Some scholars argue that Islam prohibits any involvement of a third party in the process of procreation, including surrogacy, as it goes against the natural order of creation.

* Concerns about parentage and lineage: Surrogacy raises questions about the biological and legal parentage of the child, which could lead to issues regarding inheritance and family lineage.

* Exploitation of women: There are concerns about the potential for exploitation of surrogate mothers, particularly in cases where they are financially disadvantaged or lack legal protection.

Arguments in favor of surrogacy:

* Compassionate approach to infertility: Some scholars argue that surrogacy can be a compassionate solution for couples struggling with infertility, allowing them to experience the joy of parenthood.

* Protecting the rights of the child: Supporters argue that surrogacy can ensure a child is born into a loving and stable family, which is ultimately in their best interest.

* Focus on the child's welfare: They emphasize that the primary concern should be the well-being of the child, and if surrogacy leads to a happy and healthy life for the child, it should be considered.

Different interpretations:

* Hanafi and Maliki schools of thought: Some scholars from these schools consider surrogacy permissible, while others prohibit it.

* Shafi'i and Hanbali schools of thought: Most scholars within these schools generally consider surrogacy to be prohibited.

Key Considerations:

* Intention and motivations: The intention behind pursuing surrogacy is crucial. If it is done purely out of a desire to have a child and build a family, it may be viewed more favorably than if it is driven by financial gain or other self-serving motives.

* Ethical and legal framework: It is important to ensure that any surrogacy arrangement is carried out ethically and legally, with appropriate safeguards for all involved parties.

* Consultation with religious scholars: Muslims seeking guidance on surrogacy should consult with qualified Islamic scholars who can provide informed and reliable advice based on their specific circumstances.

Conclusion:

The question of whether surrogacy is halal or haram is a complex one with no definitive answer. Muslims should consult with knowledgeable religious scholars to receive guidance based on their individual situation, taking into account all relevant legal and ethical considerations.

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