SURROGACY AND ARTIFICIAL INSEMINATION IN ISLAMIC LAW: DOCTRINAL ANALYSIS AND INHERITANCE IMPLICATIONS
This paper examines the Islamic legal perspectives on
surrogacy and artificial insemination, focusing on the
implications for lineage and inheritance. Drawing upon
classical jurisprudence and contemporary fatwas, it
analyzes the conditions under which assisted reproductive
technologies (ART) may be deemed permissible or
prohibited in Islamic law. The paper adopts doctrinal and
comparative analysis of classical juristic sources and
contemporary fatwas to achieve its objectives. The paper
finds that while artificial insemination using a husband’s
sperm also called Artificial Insemination by Husband
(AIH) is generally permissible under strict conditions, the
use of third-party donors and surrogacy remains widely
prohibited due to concerns over lineage, , and the
sanctity of the marital bond. The paper recommends that
Muslim jurists and policymakers develop clear guidelines
to regulate assisted reproductive technologies in line with
the preservation of lineage and the objectives of Shari‘ah
vis-à-vis inheritance rights of children born through such
methods, revealing diverging scholarly opinions.
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