Re: Outsourcing Motherhood - Is it allowed in Islam ?
I think what you are saying is based on Islamic fiqh, which IMO needs to be revised. The only form of surrogacy in the earlier centuries that could have been thought of was milk suckling. Today as surrogacy stands, milk suckling may not be necessarily qualified as a surrogacy. IMO, it never was meant for surrogacy as intended in mother. I say this because no where in our texts does milk suckling grant the women the same rights as a mother on the child that she suckled. It does make her mahram. So IMO milk suckling never should have been associated with surrogacy but rather a classification of mahram. For instance, if you suckled too much from your wife your nikha can become invalid according to our fiqh, not because she attains the status of your mother but because she becomes mahram in relationship to you. The same principle extends to half-siblings who have been suckled by the same woman yet having different fathers. It probably ended up being so in our Islamic fiqh of centuries old because no other form of surrogacy was imgaginale at the time as compared surrogacy as we know it today. So to me IMO milk suckling should not used as an example of surrogacy in motherhood.
First a clarification please read more on milk suckling by wife . Husband and wife are mahram for each other anyways. No amount of milk suckling invalidate nikha , according to fuqaha , 'Raza'at' is limited to two years of age after that suckling does not establish 'Raza'at'. The available ijtehad on this subject is abundant and I agree with this position.
You will find some Ahadees in Bukhari where Rasool Allah (SAW) made an adult man suckle an adult lactating woman to establish 'Raza'at' between them but IMO this and ahadees like it are fake. Why I think so is a seperate topic.
Now back to the surrogacy . A surrogate mother in this case is being used as a test tube where a pre-fertilized egg is placed in her womb. I cannot find any verse from Quran or any hadees to apply to this situation and deem it against Islami sharia. Why everything new for which no Islamic laws and fiqh are available has to be necessarily against Islam ? Why can't it be other way around ?