An overview of the underlying legal and psychological issues of surrogacy in Islam

Abstract

Purpose of the study: This paper attempted to deal with the issue of Surrogacy from various angles by considering the very essence of Islamic law, i.e., of Shariah. Procreation has considered sacred in Islam; no doubt, it is one of the five fundamental objectives of Shariah (Islamic law), notwithstanding the protection of self, religion, honor, and property. In Muslim societies, religion strongly influences behavior, culture, practices, and policy-making; therefore, according to the Islamic viewpoint, just legitimate pregnancy would result from intermingling sperm and ovum of a legitimately wedded couple.
 Research methods: The methodology applied in the discussion is a critical analysis based on inductive and deductive approaches to the collected data. The data for this study has been collected from various secondary sources like Academic Research Papers, Research Journals, and other Electronic Sources.
 Main findings: the conclusion arrived at in the article is that Surrogacy is of various categories, some of which may be Islamically valid and some others invalid. In light of the discussion, it is also concluded that Surrogacy also leads to psychological confusion over the question of motherhood, which Islam considers the highest form of human love and compassion.
 Application of the study: This study would leave significant implications for legal and social dimensions. The only way to minimize the differences of opinions over any issue in Islamic jurisprudence is deliberation over the issue concerned from the angle of the objectives of Sharīᶜah (Maqāsid al-Sharīᶜah). The issue of Surrogacy as to its validity or invalidity from the Islamic perspective may be resolved in this way. Therefore, the study would doubtlessly help reduce social, physiological, and legal issues based on surrogate practice.
 Originality and novelty of the study: The least attention has been given to legal and psychological issues in the existing literature. The present study aims to deal with the legal, psychological, and even social issues caused by the practice of Surrogacy. Therefore, this is the first study that has investigated the practice of Surrogacy from multiple perspectives, particularly analyzing them in the framework of the objectives of Sharīᶜah.