Examining Ushul Fiqh Principles on the Surrogacy-based In Vitro Fertilization Program

Abstract

The presence of children within a family is of significant importance. However, not all couples can conceive offspring as desired, due to various factors. Consequently, they seek ways to fulfill their desire of having children. Presently, advancements in medical science and technology, particularly in the field of medicine, have rapidly progressed to provide solutions for couples who are unable to conceive naturally. This is known as in vitro fertilization, commonly referred to as “bayi tabung” or test-tube babies. Islamic scholars unanimously agree that test-tube babies are permissible as long as the processed sperm and egg originate from a legitimate married couple. However, the issue of test-tube babies becomes different when it involves the renting of a woman’s womb according to an agreement. This study aims to examine how the practice of surrogacy is evaluated in usul al-fiqh (the principles of Islamic jurisprudence) and determines the legal status of children born through surrogacy according to usul al-fiqh. Additionally, the study explores the reasons why surrogacy is prohibited according to usul al-fiqh. This research adopts a qualitative approach, utilizing literature review as the methodology. Based on established principles supported by evidence, it can be understood that harm cannot be eliminated by another form of harm that is more detrimental than the initial harm. Surrogacy, in this case, would jeopardize lineage and resemble adultery. If a child is born from a woman who conceives and gives birth herself, then the lineage would follow the birth mother, as stated in the Quran, Surah Al-Mujadilah 58:2.
 Keywords: in vitro fertilization, lineage surrogacy, Usul al-fiqh