Jurisprudential Analysis of Surrogacy from the Perspective of the Five Islamic Schools of Thought and Islamic Law
Keywords:
Surrogacy, Five Schools of Thought, Islamic Law, Islamic JurisprudenceAbstract
Surrogacy refers to an agreement in which a woman carries the embryo of another couple in her womb for a specified period and, after birth, delivers the child to the biological parents. Due to medical and technological advancements, this phenomenon has become a topic of debate in social, legal, and religious spheres. The examination of surrogacy from the perspective of Islamic jurisprudence and the five schools of thought (Hanafi, Maliki, Shafi'i, Hanbali, and Ja'fari) is of particular importance, as issues related to lineage, inheritance, and human rights have profound implications in Islamic law. The objective of this study is to provide a jurisprudential analysis of surrogacy from the viewpoints of Islamic schools and Islamic legal frameworks. The findings indicate that, due to jurisprudential, legal, and ethical complexities, surrogacy is not accepted in most Islamic schools of thought. The objections stem from the significance of lineage, ambiguity in parental and child rights, and moral considerations. Consequently, further investigations by jurists and legal scholars are deemed essential.
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Copyright (c) 2025 Vahed Bakhsh Shanbe Zehi (Author); Zeinab Sancholi; Saeed Sharafuddin Tabatabai (Author)
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