Surrogate Mothers....??

[Castro]

Originally posted by Femme Fatale:

I don't think crack cocaine was specifically mentioned by name in the Quran either. But we both know its haram dont we,

Castro

?

No, we don't. Femme, very, very, few things in life are haraam. Some things are bad for you but that doesn't make them haraam. Think about that for a moment.

[Faheema.]

^^^ Yes, I agree…but Drugs such as marijuana and cocaine are Haram. Maybe this Article will help you clear the clouds.

[Castro]

Originally posted by Cawo:

^^^ Yes, I agree…but Drugs such as marijuana and cocaine are Haram. Maybe this

Article

will help you clear the clouds.

Another article-in-your-face sister. Cawo, come on. Buubto has that title already. All of these googled articles mean nothing. If you want the source, read from the scriptures. Don't define your beliefs on anonymously posted articles on the web.

[J.Lee]

Originally posted by Femme Fatale:

I don't think crack cocaine was specifically mentioned by name in the Quran either. But we both know its haram dont we,

Castro

?

:eek: -------> :confused: ----------> --------> -------> --------> .

 

Oh Well. I guess sh!t does really just happen.

 

Why are you so passionate about it.Do you wanna volunter to be a surrogate mother.Be carefull before you go into production mode.

 

I'm not passionate about it. No, I don't want to volunteer to be a surrogate mother (God Forbid, volunteering to do something is similar to having consensual sex with your sister), and I will be careful indeed.

 

Indeed I will.

[Rahima]

“ So ask the people of knowledge if you know not.†[soorah an-Nahl (16): 43]

 

Question :

 

 

There is a woman who is unable to carry a pregnancy to full term. What is the ruling on taking an egg from her, fertilizing it with her husband’s sperm, then implanting it in the womb of another woman, whether that is in return for payment or not?

 

Answer :

 

Praise be to Allaah.

 

Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan al-Jibreen answered this question as follows:

 

We say that this is something innovated and reprehensible. The scholars have not spoken of it previously and it is not narrated that any of the scholars or imams of this ummah permitted that, or that it crossed their minds, or that they were asked about any such thing, even though the means and the motive existed that may have called for such a thing. This is something that has come up recently, within the last few years, where the idea of renting wombs been made attractive (by the Shaytaan) to some people and they say there is nothing wrong with it and so on. Undoubtedly this is haraam, primarily because Allaah has commanded us to guard our chastity, as He says (interpretation of the meaning):

 

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)

 

Except from their wives or (the slaves) that their right hands possess, for then, they are free from blameâ€

 

[al-Mu’minoon 23:5-6]

 

So Allaah has forbidden us to engage in sexual activity with anyone except our wives and female slaves, i.e., having intercourse with them (female slaves) on the basis of possession.

 

Secondly, Allaah tells us that man is enjoined to protect his lineage and his children. Undoubtedly this womb-renting will lead to confusion of lineage and not knowing who the father or mother is. This confusion of lineage will lead to disputes between the original wife and the woman whose womb is rented, and it will not be known to whom the child belongs. Even if we say that he belongs to one of them, the matter still will not be certain. Hence we advise women to keep away from such things. Moreover, this undoubtedly requires looking at ‘awrahs and at the private parts which it is forbidden to see, and it also requires collecting sperm and extracting the eggs and placing them in other wombs. All of that is not allowed in sharee’ah, indeed it comes under prohibition mentioned in the aayah (interpretation of the meaning):

 

“Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts)â€

 

[al-Noor 24:30]

 

What is meant is to protect them by covering them so that no one will see the ‘awrah of another. This is the way of Islam and we pay no attention to those who deviate and go against that, and permit this borrowing and this renting of wombs, the consequences of which will undoubtedly be disastrous.

 

--

 

Renting wombs is one of the innovations of western civilization, which is a purely materialistic civilization which does not give any weight to moral values and principles. The issue is not things that may affect inherited characteristics or confuse lineage; that is not the point of the shar’i ruling. Whether that leads to any effect on inherited characteristics or not, whether that results in confusion of lineage or not, it does not matter, because the shar’i ruling forbidding this innovation is based on something else, which is that the womb is a part of a woman’s private parts and the private parts (i.e., sexual relations) are not permissible except through the shar’i contract whose conditions are fully met. So the womb is exclusively for the husband who is married to that woman according to a valid marriage contract, and no one else has any right to use it for an alien pregnancy. If the woman who rents out her womb is not married to that husband, then she is permitting her private parts and her womb to a man who is a stranger to her; she is not permissible for him and he is not permissible for her. Even if this is not full-scale zinaa (adultery), it is still definitely haraam because it is enabling a man who is a stranger to her (i.e., not married to her) to put his semen in her womb.

 

Dr. ‘Abd al-‘Azeem al-Mat’ani, al-Azhaar University

 

--

 

The foetus is nourished and is influenced by the womb and the environment that surrounds him. Bad habits on the part of the surrogate mother may lead to deformity of the foetus, such as smoking, drinking alcohol, etc. Then what if the doctors discover some physical deformity in the foetus before birth and try to treat that by means of surgical intervention? Will the surrogate mother allow that? Will she put her life at risk for the sake of a child who does not belong to her? Moreover, there are some women who become sick as a result of pregnancy, suffering such diseases as a sudden rise in the level of blood sugar, or a rise in blood pressure, or toxaemia, some of which may take the life of the pregnant woman and which require medical intervention to sacrifice the foetus in order to save the life of the pregnant woman. How would the surrogate mother and the original mother work this out? How are we to deal with the ethical, legal, social and psychological problems that result from that? Therefore we can reach only one conclusion, which is that the mother who carries the pregnancy can only be the original mother, the child should be attributed to the marriage bed, and that she should conceive, nourish her foetus and give birth to it. Saying that renting wombs is like hiring wet-nurses has no basis in truth, for a wet-nurse breastfeeds a child whose lineage is known, and she can stop breastfeeding him when she wants or when the original mother wants, if she feels that there is any danger. Moreover, in the relationship between a husband and wife there is no room for any third party, no matter who he or she is, not for renting a womb or for donating sperm or donating eggs. Because of such things innumerable problems have arisen in western societies. In Britain an original mother gave twenty thousand pounds to a surrogate mother in return for renting her womb for nine months. When that time was over, the surrogate mother demanded many times that amount from the original mother in exchange for giving up possession of the child. So if this door is opened it will bring us innumerable legal and social problems.

 

Prof. Jamaal Abu’l-Suroor – Dean of Medicine, al-Azhaar

 

 

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

[Jacpher]

Nice post Rahima.

 

It seems google became the fatwa search engine. What happened to the good old day, "Allahu Aclam & ask a sheikh."

[Legend of Zu]

Thanks Rahima..very interesting fatwas...Not Convincing tho!...What I mean is the Sheikh’s fatwa was entirely based on logic and interpretation of some Ayahs rather than clear cut Ayah or Xadiith...

 

Sheikh (RahimahuLlaahu) made many errors in his train of logic and the complexity of IVF treatments exposed his lack of understanding of the process.

 

The Sheikh Based his objection and Fatwa on three reasons:-

 

1 - Engaging intercourse:

Clearly this process does not involve intercourse and Sexual activity.

2 - Confusion and uncertainty:

There are ways to verify whom the child belongs to, moreover, Confusions do happen and it is not restricted to IVF.

3 - the third reason that the Sheikh mentioned in his fatwa is The Awrah and how it shouldn’t be seen. This is for medical reasons, isn't it? My understaing is (and I could be wrong here)that it is permissible for doctors when they are attending to their patients and seeing the awrah can not be avoided.

 

Now Saying all that I do not know whether it is Halal or Haraam. All I'm saying is The above fatwa is not strong enuf to inhibit a childless Woman from receiving this treatment.

 

Rahima, Sis If you can assist us to provide a detailed Fatwa, I would appreciate it coz a friend of mine is thinking about it.

 

Cheers

 

PS: How is melbourne Treating you by the way?

[shyhem]

Originally posted by Wordette:

[QB

I will be careful indeed.

Indeed I will.

Sounds like you are not absolutely sure.Should we assume you don't need any guidance and counselling on this matter now or in the near future.

[Warrior of Light]

Legend I think you have miss read the article. The sheikh wasnt against IVF instead the idea of the surrogate motherhood.

 

There is a woman who is unable to carry a pregnancy to full term. What is the ruling on taking an egg from her, fertilizing it with her husband’s sperm, then implanting it in the womb of

another woman

, whether that is in return for payment or not?

As for the pointers you raised,

1 - Engaging intercourse:

It may not involve intercourse but the product is pregnancy a continuation of the species. This measn of procreation is haram. It is only allowed if the wifes n husbands genetic material is used.

 

2 - Confusion and uncertainty:

There will be no confusion nor uncertainity if the genetic material belongs to the parents and it isnt coming from a donor source.

 

As for IVF the woman is given hormones to induce a proper cycle where her cells are harvested, which are later injected with a sperm then later a number of fertilised cells are re-injected into the mother(Complex processes are involved to provide conducive environment for the fertilisation to occur in vitro, good quality eggs). As the doctor doesnt know which of the fertilised eggs will be fruitful a number of them are injected thus the possibility of having multiple pregnacies.(Alot of bureacrasy n precaution taken)

 

As for the 3rd point I totally agree with you.When it comes matters of necessity, the ruling of the Awrah can be revoked.

 

Back to IVF, It is halal if and only if the donated sperms and ova belong to the married couple and in the end the fertilised cells are impregnanted into the wifes womb. As having progeny is emphasised in Islam, IVF and other means of artificial fertilisation is allowed.

[Rahima]

Legend,

 

The fatwa is referring to surrogacy not IVF where the wife is implanted with the embryo formed of her egg and her husbands sperm, therefore what the shaykh stated does apply. Also as far as I am aware, the latter form of IVF is permissible in Islam for those who have difficulties in conceiving naturally, like I said the problem lies in the surrogacy.

 

Hope that makes sense . And Melbourne is treating me wonderfully, enjoying the spring sunshine :cool: .

[Legend of Zu]

Originally posted by Warrior of Light:

Legend I think you have miss read the article. The sheikh wasnt against IVF instead the idea of the surrogate motherhood.

 

You are right..I missread the question..

 

As for the pointers you raised,

1 - Engaging intercourse:

It may not involve intercourse but the product is pregnancy a continuation of the species.

Since it does not involve intercourse how can the verses relating to intercourse relate to this??

 

This measn of procreation is haram.

And what is the evidence for this?

 

2 - Confusion and uncertainty:

There will be no confusion nor uncertainity if the genetic material belongs to the parents and it isnt coming from a donor source.

So in this case you agree there wont be any confussion hence what the shiekh said is not correct!

 

 

As for the 3rd point I totally agree with you.When it comes matters of necessity, the ruling of the Awrah can be revoked.

 

And if you agree with this...So how is it Haram??

 

Rahima, I think the fatwa is not deep enough to tackle the issue...

 

Aaah Spring ..and my anguish commences with the first blows of the cruel Victorian Spring Wind...Bloody Hey Fever!! :mad: :mad:

 

Cheers

[Rahima]

Rahima, I think the fatwa is not deep enough to tackle the issue...

You are right on it not being deep, however I do believe it summarises the view of the scholars/Islam on the issue.

 

As with all things a deeper explanation will mean further research. I’m not sure that you can get such answers on the net however you can ask people of knowledge who have an Islamic library at home. There are various fatwa books (with more in-depth explanations then the net) available and I’m sure this topic would be covered.

 

Aaah Spring ..and my anguish commences with the first blows of the cruel Victorian Spring Wind...Bloody Hey Fever!!

You are so behind Legend, have you not seen the commercial for Rhinocort? Use to do wonders for me when i had to battle such cruelty.

 

Alxamdullilah it has been years for me, I can almost safely say that I am cured- no need for drugs.

[Legend of Zu]

Rhino it is Then....U r quite Lucky for being able to overthrow The Evil Hey Fever....

As For me....it fouls my mood and changes The Legend to a mere Peevish Plebeain

 

Cheers

[Rahima]

Miskiin , maybe it’s the environment.

 

I put my cure down to an environment change. I stopped venturing out down the side of the western suburbs (not taking a swipe at the western suburbs) and beyond for school every day. Ever since I did that and high school was over miraculously it was gone. Spring was once again joyous.

 

Tell me you don’t live in Hoppers or Bundoora :confused: . That is your doom brother, move inner city to the wondrous fumes of pollution . Soon enough you’ll exchange hay fever for respiratory problems, but hey whatever changes the mood.

 

On a serious note though arm yourself with the power of three, the nasal spray (preferably rhinocort), prespcription eye drops (from your GP) and Claratyn.

[Valenteenah.]

the nasal spray (preferably rhinocort), prespcription eye drops (from your GP) and Claratyn.

I use the same combination (different brands tho)to beat my hay-fever.