Re: Outsourcing Motherhood - Is it allowed in Islam ?
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 ?
Could you please quote references because I have not recently studied the latest ijtihad on milk suckling between spouses. My information could be outdated though I would like to see the reasoning or evidence given for this new ijtihad.
The hadith about an adult man being suckled by an adult woman is controversial and infact stirred some controversy a while ago when some scholar from Egypt used it to legitimize some issue related to women in the workplace with na-mahram males. However if you have read that hadith it is not graphic in narrative to assume their was physical contact between the two rather the assumption should be on the side of dignity that the milk was brought to the man (whose name I think was Saleem) and he drank it and not physical milk suckling occured.
I absolutely agree that everything new does not have to be declared anti-Islamic. I think the same way as you do. This is also why I said the status of milk suckling should be removed from surrogacy because I think it really does not belong there anymore.