Foundations of the Consensus against Surrogacy Arrangements in Islamic Law

Abstract

This Article traces the emergence and development of the consensus against surrogacy arrangements, mostly in the Sunni world, on the basis of a number of institutional fatwas, recommendations, and decisions. Despite this consensus against surrogacy, jurists discuss in detail its potential effects if it is performed. This juristic attitude reflects an understanding of sharl'ah as a legal system that not only institutes rules for cases that match its moral vision but also regulates the consequences of cases that do not match that vision. In the absence of clear and binding legislation on surrogacy in most Muslim majority countries, this body of religious and ethical deliberations represents the main resource for moral decision-making on surrogacy and its impact on the genealogical connections within the nuclear family.