A Jurisprudential Perspective on Surrogacy and its Forms and Rulings

Abstract

Surrogacy is deemed among the most significant issues that is debatable both legally and religiously, due to the unjustified infringement it represents on the human body, as well as its clear departure from the scope of lawful legal transactions. The practice of renting wombs is considered one of the modern techniques that have emerged from scientific and medical advancements in the field of reproduction and artificial insemination. This research examines the ruling on surrogacy in its five different forms, particularly from an Islamic perspective. It sheds light on the opinions of scholars and their schools of thought regarding this issue and clarifies the evidences upon which these positions are based, including Qur’anic verses, Prophetic traditions, juristic principles, and rational arguments. The study concludes with a discussion of the evidence for each school individually and determines the view most likely to be correct, namely, the prohibition of surrogacy in all its forms, based on its consistency with foundational and juristic principles.