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Bangladesh Journal of Bioethics 2017; 8(3):1-8 

 

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Genetic Gestational Surrogacy: Hope for Muslims 

 

Shamima Parvin Lasker1, Marcello Ghilardi2 

 

1. PhD (USA), MPH (USA), EMMB (Europe), MPhil (BD), MSc (BD);  

Professor & Head of Anatomy, MH Samorita Medical College, Dhaka, Bangladesh. 

Visiting Professor of Clinical Anatomy & Bioethics, American University of Sovereign Nation, USA. 

Founding Chairman & Sectary General, Bangladesh Bioethics Society. 

Treasurer, World Association of Medical Editors (WAME)  

Chairperson, Ethics & Publication, Asian Pacific Association of Medical Editors (APAME)  

Email: splasker04@yahoo.com 

 
2. PhD, Assistant Professor, University of Padova, Italy. 
Email: ghilardimarcello@gmail.com 

 
 

Abstract: More than half a million couples may be suffering from infertility in the world. When in vitro 

fertilization is unsuccessful, surrogacy may be a substitute choice for many couples. Literature shows 

that ten million Muslims are infertile worldwide. According to Islamic theology the concept of surrogacy 

is null and void as formation of blastocyst constitutes from sperm that is transferred to the uterus of a 

woman who is not married to him. In Islam, marriage is the only legal procedure to procreation for 

preservation of lineage, inheritance, prevention of adultery and prevention of possibility of incest 

among the half-siblings.  Genetic gestational surrogacy (sperm of husband and ovum of wife is 

fertilized by IVF procedure and transfer the embryos to the surrogate mother) may be free from social, 

legal and moral complications. Some Islamic countries have reluctant law in favour of surrogacy, as for 

example Iran, Lebanon and sporadic parts of the Muslim world. This article has attempted to find out a 

valid notion for accepting genetic gestational surrogacy in major part of the Muslim world that may 

reduce the peril of women who can not give a birth baby.    

 

Key Words: surrogacy, Islam, bioethics 

 

1. Introduction: Assisted reproductive 

technology (ART) has been fascinated 

by the public after the news of “Louise 

Brown, the first test tube baby”, in 

19781. Infertile couple are inclined to 

ART including donation of gamete 

(sperm / egg) and surrogacy in an 

immense expectation 2. However, this 

new technology for infertility generates 

debate worldwide. The main ethical, 

social and legal problem are raised 

from natural, partial and unrelated 

gestational surrogacy. Fundamentally, 

there is no the social, legal and moral 

complication in genetic gestational 

surrogacy. It is the last alternative for 

infertility treatment who wants their 

own genetic baby 3. Nonetheless, the 

widespread uses of such technologies 

are prohibited by Muslim.   

Sunni and Shiite are the two main schools of 

thought in Muslim 2. Sunni scholars disallow 

surrogate motherhood, since surrogate mother 

will carry the baby formed by other man’s 

sperm to whom she is not married  2,4. They 

consider the union of ova/sperm other than 

wife/ husband is as adultery. According to 

Islamic jurisprudence, legal marriage is the 

only precept for the procreation and a child is 

illegitimate if marriage is null and void 5. 

Therefore third party reproduction is 

challenging in Islam.  

 

On the other hand, Shiite scholars do permit 

surrogate motherhood only for legal couples as 

the treatment of infertility. Therefore, surrogacy 

is being practiced by Shiite population in Iran, 

Lebanon and few other part of the Muslim 

world 2,6,7. According to Shiite theology, self of 

embryo is seen totally different from the sperm. 

They do not consider implantation of embryo 



Bangladesh Journal of Bioethics 2017; 8(3):1-8 

 

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into the surrogate mother’s uterus as similar as 

“sperm of man to whom she is not married” 8. 

Basically, they consider surrogate procedure 

as transferring of foetus from one uterus to 

another and they do not see any sin in this 

practice 9. 

 

It is obvious that surrogacy was not mentioned 

in the Qur’an and was not practised at the time 

of Mohammad. But Qur’an asserted the 

significance of family formation, marriage, and 

procreation 9. Some Sunni scholars feel that 

the use of surrogate motherhood is permissible 

in Sunni. Because according to Islamic law, 

preservation of the human species is one of 

the primary objectives of Islam 2. Moreover, 

Hadit says Allah provided a cure to every 

suffering as He promises 10, 11. With the 

advancement of science and technology this 

promise is now become real. Although infertility 

cannot be totally eradicated, but researchers 

can able to help childless couples to have a 

child of them.  

 

However, there is a gap between the Islamic 

scholars regarding the notion of surrogacy. 

This article has discussed about the Islamic 

philosophy and theology on surrogacy and has 

evaluated the main problems, the 

presuppositions and the conviction involved in 

the controversy about the genetic gestational 

surrogacy in Islamic culture under the research 

question “can genetic gestational surrogacy be 

ethically possible to accept in major part of 

Muslim world?”  

 

Research Methodology: Literature review is 

the basis of this retrospective normative 

research. Articles on surrogacy were 

thoroughly searched from the year of 1990. 

Google scholar, Pubmed, Web of science and 

Embase were the possible search engine. Key 

words were Islam, surrogacy, ethics and 

bioethics respectively. This article was written 

as the requirements for the degree of Erasmus 

Mundus Master of Bioethics at KU Leuven, 

Belgium in 2011.   
 

Social Condition of Infertile People: 

Infertility may cause intolerable situation for 

many couples by their family, particularly, who 

have come from conservative and traditional 

Islamic family13. Procreation potentiality 

dignifies the Muslim women, increases their 

social status, their dignity and self-esteem. It is 

their social commitments to the family to give 

birth and rear up children in addition to 

biological and social functions. Moreover, 

Islamic family law envisage wife’s infertility is 

the major ground for divorce and vice versa. 

Therefore, childless women are always in 

psychological pressure that their marriages will 

breakup. However, marriage is usually not end 

up in the ground of male infertility 4.  

 

Although in about 50% of cases, male is the 

cause of infertility, but social burdens are 

carried disproportionately by the female14. 

Interestingly, some infertile men marry again 

as a solution of infertility. However, this 

marriage brings more suffering for the first wife 

like a two edge saw13 due to negligence and 

domestic violence15 which ultimately violate the 

basic human rights of first wife. In some 

society childless women are excluded from 

family functions such as birthdays, marriage 

ceremony and other event of children16 In 

some countries, infertile couples are regarded 

as a socioeconomic burden due to loss of 

continuity, rights to property and inheritance, 

and discontinuity of family name15. In some 

culture, childless couples suffer from insecurity. 

In this culture, children supports economically 

and socially to family and provide reversible 

duty to parents when they become old17. “In 

egalitarian societies, people want children as 

part of their life plan and they suffer when they 

cannot fulfil their wish”18. Therefore, 

importance of infertility treatments particular in 

the Muslim World is needed.  

 

Definition and Classification of Surrogacy:  

Dictionary meaning of surrogacy is alternate, 

substitute or proxy. Surrogate mother is she 

who carries the embryo on her womb to term 

and gives birth a baby on behalf of another 

couple. If surrogate mother is impregnated with 

the semen of other man by national process of 

body contact is known as traditional surrogacy 

or straight surrogacy. If an ovum or a sperm is 

collected from a third person and then fertilized 

in the laboratory and resulting embryo is 

transferred to the couples’ wife is known as 

partial surrogacy. When both the ovum and 

sperm are fertilized in vitro and transfer to 

surrogate mother, is known as gestational 



Bangladesh Journal of Bioethics 2017; 8(3):1-8 

 

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surrogacy.  Gestational surrogacy are two 

types. When both the ovum and sperm are 

donated and fertilized in vitro and the resulting 

embryos are embedded to the uterus of 

surrogate mother, is known as full surrogacy or 

unrelated gestational surrogacy. If sperm and 

ovum are taken from intended couple and 

fertilization in vitro and the resulting embryo is 

transferred to the surrogate mother is known 

as genetic gestational surrogacy3. In 

gestational surrogacy, surrogate mother is not 

genetically related to the child. She has no 

responsibilities to rare up child after delivery. 

 

Islamic Jurisprudence on Surrogacy: 

Islamic jurisprudence (Sharia Law) regulates 

the daily living of the followers and shapes the 

people life to safeguard the peace, 

contentment and welfare in the society 19. 

Sharia Law is based on four source. The first 

and the most vital source is the Qur’an. The 

second basis is Hadit or Sunna, the act was 

done or approved by Prophet Muhammad 

(died 632 AD). The third foundation is the 

agreement of Doctors of Law (Mufti, Fuqaha) 

and Islamic scholars (Ulama, Aimma) is called 

Ijma, and the fourth is analogy (qiyas), act as 

similar as Arab tradition during Mohammad 

period 8. Muslims access the Hadit if there is 

no guidance in Qur’an. If the hadits have no 

guidelines for a particular enquiries for 

clarification, Muslim seek guidance from 

Doctors of Law and Islamic scholars in the 

form of consensus. In certain situations, 

Islamic scholars clarify the rules analogy to 

situation of Mohammad period. If none of three  

provides an answer, Muslim scholars must 

depend on individual intellect (Ijtihad)  to make 

a judgment in view of necessity, public interest 

and the principle of “no harm” 20,21,22 .  

 

Despite, the Qur'an categorically presents all 

the guidelines and directives of life, but it does 

not explicitly focus on every possible situation 

a Muslim may face now a day. As for example 

ART. Islamic scholars address the ART and 

provide verdicts. Usually verdict comes from 

Al-Azhar University in Egypt, the oldest and 

most important religious university for Muslim 

and the International Islamic Fiqh Academy in 

Jeddah, Saudi Arabia23. In 1980, Grand 

Shaykh of Al-Azhar University, issued the first 

bioethical decrees on ART. It permits 

treatments of all kind of ART but third-party 

reproduction in any form is rejected including 

surrogacy 4. 

 

Ideological Difference between Sunni and 

Shiite: Sunni are the followers of Mohammad 

and Shiite are the follower of Ali. Imam Ali was 

the cousin of Mohammad and fourth successor 

/ ruler of Islam after Mohammad died. Majority 

(90%) Muslims are Sunni in the world 8. Sunni 

examines all the contemporary critical social, 

legal, ethical and medical issues mainly in the 

light of Sharia law, though they have tradition 

to use ijtihad. On the other hand, Shiite deals 

the newly emerging issues by use of individual 

intellect (ijtihad) in addition Sharia 24.   

 

Ijtihad has led to a great difference between 

Shiite and Sunni 25. Shiite religious authorities 

exercise ijtihad a grater extends in question of 

moral goodness and badness on the basis of 

individual intellectual reasoning. Consequently, 

contemporary emerging ethical issues are 

discussed and categorized in the light of both 

scripture and intellect and provide verdict 

(Fatwa). Highest-ranked religious authorities 

(Grand Ayatollahs) can only issue a fatwa13. In 

1999, Ayatollah Ali Hussein Khamanei, the 

Supreme leader of Iran, issued a religious 

verdict on reproductive technology that 

permitting the donor technologies including 

surrogacy. Prevention of breakage of marriage 

and psychological disputes have prioritized in 

this verdict 6. Though Shiite, is powered by 

authoritarian systems in some cases, however, 

all bioethical verdicts do not basically vary from 

the Sunni positions 26. 

 

Islamic Philosophy on Surrogacy: Two 

years after the birth of 1st test tube baby, 

Islamic scholars issued bioethical decrees on 

medically assisted reproduction, permitting 

treatment for all type of ART, but prohibited 

third-party reproductive technology, including 

surrogacy. Philosophical interpretations for 

prohibition of the third-party reproductive 

assistance are as follow:  

 

Adultery: According to Islam, marriage is an 

agreement of sex and procreation between 

couples. Third person is not allowed into the 

connubial functions 5. Qur’an describes 

 



Bangladesh Journal of Bioethics 2017; 8(3):1-8 

 

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“Those who guard their private parts except from 

their spouses... but whoever seeks to go beyond 

that, these are they that exceed the limits” (Quran 

Sura Al-Mu’minun 23: 5 & 7) 27.  

 

“Reproduction outside of marriage is 

considered as adultery (zina)” 27. The moral 

implication of the embryo transfer other than 

wife is tantamount to adultery. Sperm/ eggs 

donation is prohibited in Islam as it annihilates 

the lineage5. ”Islam noted adultery as a 

punishable crime in order to preserve the 

lineage “ 5.  

 

Lineage: The legal importance of family, 

lineage and blood relations is markedly 

noticeable in Islam 28. The Qur'an mentions 

 

 “It is He (Allah) who created mankind from 

water, then has He established the relationship of 

lineage and marriage for your Lord has power over 

all things” (Qur'an Sura Al-Furqan 25: 54) 29. 

 

Destruction of genealogical lineage (especially 

patrilineal) may have two way devastating 

interference for kinship and inheritance 5. 

Third-party donation is difficult in Islam as it 

destroys a child’s lineage, which may have 

psychologically suffering for the child in one 

hand. On the other hand, father may be 

reluctant to do his duties and responsibilities to 

the child if he knows that the child does not 

genetically belong to him specially during 

social and economical hardship. In addition, 

child may face domestic violence. Moreover, in 

Islam, child has right to inherit the property of 

his or her genetic parents only30. Therefore 

children conceived in third party arrangement 

may have devastating consequences.   

 

Some may argue that the third party donation 

should be seen as similar as child adoption 

thereby, a child can use surname from 

adoptive parent 31. However, the Quraan 

encourages kind upbringing of an orphan but 

explicitly prohibits adoption 32. 

 

“If a child is not the person’s real child, it cannot 

become so merely by virtue of a declaration. 

Claiming an adopted child as one’s own deprives 

the real heirs of certain rights. He has not made 

your wives whom you declare unlawful your 

mothers. And he has not made your adopted sons 

your [true] sons. That is [merely] your saying by 

your mouths, but Allah says the truth, and He guides 

to the [right] way. Call them by [the names of] their 

fathers; it is more just in the sight of Allah . But if you 

do not know their fathers - then they are [still] your 

brothers in religion and those entrusted to you. And 

there is no blame upon you for that in which you 

have erred but [only for] what your hearts intended. 

And ever is Allah Forgiving and Merciful (Qura’n 

Sura Al Ahzab 33:4-5)32. 

 

Islam implies purity of lineage and significance 

of information of one’s personal familial lineage 
33. Hiding from child true genetic lineage and 

heredity, Islam considers it as deceit 34,35. Islam 

gives right to know one’s parentage fully. Lack 

of information of one’s lineage may cause one 

to marry a half-brother, half-sister 4.  

 

Incest among the half-siblings: Qura’n 

explicitely defines certain relationships 

between which there cannot be any marriage 

at all 36.  

 

 “Forbidden unto you are your mothers, and your 

daughters, and your sisters, and your father's 

sisters, and your mother's sisters, and your brother's 

daughters and your sister's daughters, and your 

foster mothers, and your foster sisters, and your 

mothers-in-law, and your step daughters who are 

under your protection (born) of your women unto 

whom you have gone in but if you have not gone in 

unto them, then it is no sin for you (to marry their 

daughters) and the wives of your sons who (spring) 

from your own loins. And (it is forbidden unto you) 

that you should have two sisters together, except 

what has already happened (of that nature) in the 

past. Lo! Allah is ever Forgiving, Merciful.” 

 

“Lawful unto you are all beyond those 

mentioned, so that you seek them with your wealth 

in honest wedlock, not debauchery. So wed them by 

permission of their folk, and give unto them their 

portions in kindness, they being honest, not 

debauched nor of loose conduct.” (Qur’an Surah 

An-Nisa 4: 23)36. 

 

Anonymous donors may cause potential 

“incest among the half-siblings”. Third party 

reproductive technology may harm not only to 

the individuals involved, but in a long run to the 

society as a whole 37.  

 

Discussion: Islamic bioethics, theology, 

philosophy or jurisprudence is scriptural; 

therefore, amendment is critical along with 



Bangladesh Journal of Bioethics 2017; 8(3):1-8 

 

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paradigm shift. According to Islam, the third 

party donation of procreation is prohibited. 

Adultery, possibility of “incest among the half-

siblings” from unknown donors and 

genealogical lineage are the concern in partial 

and genetically unrelated surrogacy. Therefore, 

third party donation and unrelated surrogacy 

are virtuously wrong and banned from the 

standpoint of Islamic ethics. Genetic gestation 

surrogacy may have still room to discuss.  

 

In genetic gestational surrogacy, breakdown of 

lineage is impossible as the biological parents 

are already known. Actually surrogate mother 

is not engaged in any act of adultery in this 

procedure, as there is no involvement sexual 

body interaction of adulterous relations, hence, 

the punishment of adultery is not applicable. 

By virtue, introducing an extramarital third 

party engagement may threaten the marital 

bond of husband and wife 37.  

 

Only question can arise from genetic 

gestational surrogacy is “who is the real 

mother, the genetic mother or the birth 

mother?” Qur’an defines motherhood as 

 

Their mothers are only those who 

conceived them and gave birth to them (waladna 

hum) (Al Quran Surah al-Mujadalah 58: 2)38. 

 

 The Arabic word “walada hum” means the 

whole procedure of pregnancy from fertilization 

to perturation. It is not just act of carrying 

(haml) or delivery (wad’) 37-40. Thus, Qur’an 

denies unconditionally any rights to genetic 

mother in surrogate arrangement.  

 

Actually, the Islamic bioethics is based on four 

doctrines of “necessity, public benefit, local 

custom, and justice”21,26,41.  

 

But if one is compelled by necessity, 

neither craving nor transgressing—there is on him 

no sin, for indeed God is Clement, Merciful. (Quran 

Sura Al Bakara 2:v. 173)42.  

 

In context of absolute necessity, Islam 

sometimes allows forbidden actions 

suspending the sharia law if there are no 

religiously legitimate alternatives exist. As for 

example the insulin and heart valves. Insulin is 

manufactured from pork and a heart valve is 

made from pig. Qur’an repeatedly prohibits 

consumption of pork for Muslim. However, 

Islamic scholars allow medical treatment with 

pork insulin and pig heart valves on the 

principle of necessity and public benefit 35. 

Further, Maturation is prohibited by Qur'an27.  

 

 “The successful believers] who abstain from sex, 

except with those joined to them in the marriage 

bond, or (the captives) whom their right hands 

possess, for (in their case) they are free from blame, 

but those whose desires exceed those limits are 

transgressors … (Qur'an, Sura al- Muminun 23: 5-7) 

27. 

 

But masturbation is allowed for the collection 

of sperm for ART with substantial arguments of 

necessity and public benefit.43. Another, the 

donation or transplantation of sexual organs is 

Haram (forbidden, sinful) by Qur’an 44,45,46. 

However, in April 2000, first uterus 

transplantation has been successfully 

attempted in Saudi Arabia and the second 

human uterus is transplanted in Turkey in 

August 2011 44,46. Though the donation or 

transplantation of sexual organs is prohibited 

by Qur’an but it is allowed to fulfil the Islamic 

principle of procreation and maintaining the 

family lineage. In favour of argument of uterus 

transplantation, it is explain that the main 

function of the uterus is holding a developing 

fetus to maturity, it is not something that relates 

directly to the carrying of the inherited genes of 

the infant45. In genetic gestational surrogacy, 

surrogate mother is merely carrying baby in 

her womb till birth. There is no chance of 

carrying of the inherited genes of the infant in 

this case as well.  

 

There are many more example in Islam where 

prohibited action become permissible violating 

the primary source (Qur’an) for greater 

necessity and public benefit. These do not 

generate any legal and moral problem vis a vis 

Islamic guidelines. 

 

Moreover, Qur’an repeatedly encouraged 

marriage, family formation and reproduction. 

 

Wealth and progeny are the allurements of this 

world (Al Quran, Surah 14:46)47. or 

 



Bangladesh Journal of Bioethics 2017; 8(3):1-8 

 

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We did send apostles, before thee, and appointed 

for them wives and children" (Quraan Sura Al-Ra'd 

13:38) 9. 

 

Preservation of the human species as one of 

the primary objectives (maqasid) in Islam.  

Therefore, if a married couple enable to give 

birth a child, their inability should be overridden 

by treatment. If genetic gestational surrogacy 

is one method, ban can be adjourned in light of 

principle of primary objective that is 

procreation. 

  

However, Qur’an acknowledges significant 

hardship of infertility. Examples of two childless 

prophets e.g. Abraham and Zacharyyia has 

been described in Quran and depected how 

they longed to Allah and pray sincerely and 

continuoiusly with faith to have a child of their 

own, even as they grew old. God answered 

their prayers and they had had themselves son 

with knowledge. 

 

  And those who pray, Our Lord, grant unto us 

spouses and offspring who will be the comfort of our 

eyes (Al Quran Sura Al Furqan 25:74). 48 

 

 Moreover, Prophet Muhammad says, 

 

  For every disease, there is a cure except senility 

(Hadit, Bukhary and Muslaam) 10.  

 

Prof Abul Fadl Moshin Ebrahim, Emeritus 

Professor of Religious, Philosophy and 

Classic, University of Kwa Zulu-Natal, Durban, 

argued that if the state of infertility is think of a 

“disease”, then it should be allowed to seek 

tratment to overcome infertility 49. As the 

genetic gestational surrogacy has no moral 

and socio-legal complications, it should be 

permitted to childless couples whose family 

continuity is always an impossible. 

 

Still, motherhood has seen problematic in 

genetic gestational surrogacy. Who is the real 

mother? According to definition of motherhood 

in Qur’an, mother is she who carry and gives 

birth baby. However, in May 2004, Ezyptian 

sheikh Abdel Rahman Al Adawy, head of the 

council jurisprudence Research Committee, 

raise question, who is the mother of the child in 

case of uterus transplantation? Does mother 

can donate uterus to her daughter or vis versa 

8? Same questions may rise again whether it is 

allowed where introducing of “sperm of a man 

into the uterus of a woman to whom he is not 

married”. Political motivation weighing the 

necessity and public benefit overcomes the 

above mention question in case of uterus 

transplantation.   

However, the notion of milk mother or wet 

nurse (hiring a breast feeding woman to feed a 

child whose mother enable to breast feeding to 

child or died during delivery) is an acceptable 

practice in Arab tradition even practised in 

prophet Mohammad himself situation 37.39,40. 

This can be used as an analogy model for the 

genetic gestational surrogacy. Surrogate 

mother is merely carrying baby in her womb in 

hardship of other sister who is unable to give 

birth baby due to cancer or disease. Genetic 

mother will provide tissues (ova and sperm), 

whereas the gestational mother will be 

responsible to provide nutritional input to build 

up in her womb like the milk mother. It protects 

human rights to life, so this practice will not 

bring any psychological and social harm to 

achieve final good.    

Basically, genetic gestational surrogacy has no 

social, ethical, legal and theological 

impediment. A political approach of 

motherhood is only problematic in this method. 

As both the biological and genetic mother does 

not commonly satisfied the definition of 

motherhood, so justice can be employed to 

genetic mother as the lineage is already 

proofed. Quran says Islam is not religion of 

hardship (Usr) but a religion of ease (Yusr) 49. 

Furthermore, “the Sharia is not a rigid law 

rather it is flexible enough” to accommodate 

different honest opinions that have direct 

benefit of humanity 22. Only the political 

motivation is needed in case of genetic 

gestational surrogacy to over ruled the 

prohibition.  

 

Conclusion: Available literature shows that 

the artificial reproductive technology is allowed 

in Islam but it disallow all type of third party 

assistance reproduction as it encompasses 

adultery, destruction of lineage, inheritance 

problem and incest among the half-siblings. In 

these four grounds natural, partial and 



Bangladesh Journal of Bioethics 2017; 8(3):1-8 

 

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genetically unrelated full surrogacy actions 

have brought out debate, disagreement, and 

controversy. There is no questions of above 

mentioned four problems in genetic gestation 

surrogacy except question of motherhood. 

Justice can be employed giving the 

motherhood to genetic mother for preservation 

of lineage. Only the political motivation is 

needed in the case of genetic gestational 

surrogacy. 

  

Limitation: Many books and articles have 

been published in Arabic, Farsi and other 

language locally that are not included in this 

brief manuscript. Articles written also remain 

outside of discussion due to inability of access 

foreign language. Only English and translated 

literature has been considered for this article.  

Competing Interests: The authors declare no 

competing interests.  

Author Contribution: 1st author conceive the 

idea, done literature review and wrote the 

manuscript. 2nd author guide to write the 

manuscript and check the manuscript 

meticulously. 

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