Q: My husband and I recently found out that we cannot have children due to an operation that I had that went wrong. Thats a long story, but basically we cannot have children. Is it permissible to have a surrogate mother. In this instance using mine and my husband’s fertilised embryo (not another women’s egg) and then placing it into a willing carrier.
A:We acknowledge your seeking Islamic advice in taking such an important decision in life. We advise you to do the same in all other aspects of life.
Shari’a emphasises greatly and enjoins strictly upon the preservation of lineage. Consider the following:
Nabi (Sallallahu Alaihi Wasallam) is reported to have said:
لا يحل لامرئ يؤمن بالله واليوم الآخر أن يسقى ماءه زرع غيره ( رواه أبو داؤد)
It is not becoming of a person believes in Allah and in the Hereafter to irrigate another’s field with his water. (Abu Dawood)
Herein, Nabi (Sallallahu Alaihi Wasallam) strictly prohibits one from engaging in any intimate relationship with a woman when the effects of her previous husband are present in her.
Shari’a enjoins a woman to spend time in iddat (waiting period) after her husband leaves her, before she marries someone else. One reason why this process is adopted is to ensure that the woman is clear of all effects of her previous husband, before she has any intimate relationship with her new husband.
In the light of the abovementioned, it will not be permissible to use a surrogate mother to carry one’s embryo. Any such procedure will be tantamount to zina (fornication) and the husband and wife will be held sinful in the court of Allah.
(Jadeed Fiqhi Masail Vol.5 Pg.151 – Kutub Khana Na’eemiya, Deoband)
(Nizam al-Fatawa ol.1 Pg.337 – Rahmaniya, Lahore (Quoted on the footnotes of Fatawa Mahmoodiyah Vol.18 Pg.323 – Jami’a Farooqiya))
We understand that it is only a natural demand of a woman to yearn for a child. However, you should not make it a reason for you to become despondent, as being despondent is from the habit of the non-believers. Allah Ta’ala mentions in the Holy Quran:
ولا تيئسوا من روح الله إنه لا ييئس من روح الله إلا القوم الكافرون
And do not lose hope in the mercy of Allah. In fact, only the infidels lose hope in Allah‘s mercy.(Verse: 12:87)
You should rather exercise patience and make your situation a reason to draw from the bounties of Allah Ta’ala and attain closeness to Allah Ta’ala. Allah Ta’ala mentions in the Holy Quran:
إنما يوفى الصابرون أجرهم بغير حساب
Certainly those who observe patience will be given their reward in full without measure.
(Verse: 39:10)
يا أيها الذين آمنوا استعينوا بالصبر والصلاة إن الله مع الصابرين
O you who believe, seek help through patience and prayer. Surely, Allah is with those who are patient. (Verse: 2:153)
Moreover, Islam caters for those who cannot have their own children and permits Muslims to adopt a child.
Council of Ulama
Eastern Cape