Farooq Siddiqui vs. Mst. Farzana Naheed

IN THE FED ER A L SHARIAT CO U R T

(O: iginal Junsdiclion)

PR E SE N T .

M R. J l iST 1C E R 1A Z A H M A D K H A IN, C H I F F J UST IC E

M R . JU S T IC E A LLA M A DR. FID A M U H A M M A D KH AN

M R . JU S T IC E Z A H O O R A H M ED SHAH WANT

SHARIA I P E T I T I O N NO 2/1 O F 20.15

Kuooq Siddiqui son of Muhammad Aslam Quioshi, ’/oI'd-16. 47 Slicet No 3R, Astoria NY 11103 USA, Picsently at Rawalpindi Pelilionei Versus VJst F ai/ana Nabeed D/O Raja Muhammad Fazil, i/o House No 886/iO-A Mohallah Dhen Hasanabach Rawalpindi Can It i ehsd & District Rawalpindi Respondent i oi die iVuiionci Mi Faiooq Siddiqui, Peimoner in pemon

; cm the Respondent F ai 7ana Naheed Respondent in pet son

\ oi 1 td e ,ii Government Mr M Parvez Khan ianoli, Standing Counsel ibi Federal Government ! o; f icv eminent of Punjab Syed Raza Abbas Naqvi, Assistant Advocate Genera! Punjab

Foi Government or Sindh M r Misan Hamecd Dogai, Advocate on bchall’o f A G Sindh

Io i governm ent of'KPK Mi At shad Ahmad Khan, AbMstdnl Advocate Gcneial KPK

i'os Government ot’Baluchistan Mi Muhammad Ayaz Khan Swati Additional Advocate Genual Baluchistan !ui is-Cons.iiiS f)i Muhammad Yousat Faiuoqm & Di Muhammad Aslam KiiaLi

Date o f Inst-tution o f Sh Petition in I SC 24 02 2015 Date oi hem ma. 05 OS 2015. 2 i 09 20 IS 20 Id 2 0 i 5. 17 11 20 is

25 1 I 201 5 12 01 20! 6

0 i 02 2017 & 10 0 > 20 i 7

16 02 20 i 7

Sh Petition No 2/1 o f 2015

JUDGMENT:

.justice Rsa/. A hm ad whan, C hief Justice: Taiooq Sicicliqiii son o! Muhammad Aslam Qureshi, petitioner heiem, is a Pakistani boin Ameiican citizen. According to his statement before the Coml he is Doctor by piofession and deals in surrogacy cases Since his own wife was unable to give birth to a child so he gave an advertisement in the newspapers tor a surrogate. In response to the advertisement, the respondent MsL Farzana Naheed offered her services in exchange of money. According to the petitioner. Mst. Farzana Naheed was paid Rs.25.000 - for medical examination After results o f test she was found fit for surrogac> procedure. She gave birth to a daughter namely Fatima Siddiqui According to the petitioner this sunogacy contract was oral but since the whole pioceduie was to be earned out in Pakistan and there was every possibility o f reaction from the society and lamiiy ol the respondent wile so in oidei to covei up the stoiy a false diam a ol m aniagc was ananged Aftei giving birth to the daughtei, the respondent refused to hand ovei the baby to the petmonei and refused to fulfill the contiactual obligation On the other hand, the case o f respondent is that the claim o f the pctitionei legaiding sunogacy is totally false and fabneated She was lawfully married to the petitioner and was and is

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bis legally wedded wile Out of the wedlock the daughtei was bom and the pelitionci is bound to pay foi expenses regaiding education and hi ought up o f the minoi daughter

3 Since the respondent had tefused to hand ovei the custody o f the minor to the petitioner so the pctitionei filed a petition for custody of minor in the Court o f Guardian Judge/Semoi Civil Judge. Rawalpindi The said petition was dismissed vide Order dated 24 12 2011 The petitionei failed to get the custody o f the nnnoi up to the Hon hie Supieme Court o f Pakistan During these proceedings the petitions! filed a petition before this Com i which was also dismissed On the othei hand, decree for maintenance o f minor was passed in favoui o f wife o f the petitioner The petitioner then filed the present petition befoie this Couit as according to him his claim icgarding siinogacy was not accepted and he was not handed over custody o f the mmoi but was oideied to pay for maintenance o f the minoi His claim is that if he is accepted as fathei of the nunor then custody of the minoi be handed over to him Since a veiy impoitant question of sunogacy was involved and accoiding to the petitionei theie was an oial agicement between him and the lespondent so it was decided that the is-'uc of sunogacy vis-a-vis the contiactual obligation is lequued

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Uo be exaiinned anc! the petition was admitted on the following giojnd.s -

1ne m iie s involved m the case are (i) as to whether the agreement executed between the parties for producing a cnild as a sut rogate mother is m accordance with the Injunctions o f O ur’an and Sunnah? (u) f i t is presum ed that the agreement is lawful contract under the Conti act Act, whether the same would also he in accordance with the Injunctions o f Our'an and Sunn ah? (in) In absence o f any law if a child is produced by a surrogate mother under which law the custody of that minor is to he governed? (iv) any other question reused by the parties ' hi is p o u s e to issuance of Nonces, the lespondem as well as K 'deial Government. Government of Balochislan, Government of Sindh, Government o f Khybci Pakhtunkhwa and Government ol Punjab filed Iheir comments Piofcssoi Di Muhammad Yousaf FarooMiu and Dr Muhammad Aslam Khaki weie appointed Junst- Consulls They have also submitted then leports Saidai Ghazanfai Khan Advocate appealed on his own and in older to assist the Court, tiled his comments The petitioner, m addition to his written reply.

made oi a! submissions We have also heard the Junst-Consulls, Standing Counsel foi 1 ederal Government and the learned Counsel appearing on behalf o f all the four provinces 5 Surrogacy is a new way of p>educing childien, howcvei, originally it started with the concept o f test tube baby It is a natuial

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phenomenon that people usually want to have then own childien and do not wish to adopt othet childien People usually pic Per the continuation o f then own lineage It is because o f this uige that the concept o f lest tube baby developed In the normal set of circumstances a young woman produces an egg in monthly menstrual cycle which is released from the ovary This egg during sexual intcicouisc is fertilized into an embryo alter meeting with the sperm i el eased by the m ale partner. The embryo through a particular process reaches the uterus o f the woman and in that way she gets piegnant in the noimal couise

6 Unfortunately some women are incapable o f feitihzing a speim and as a lesult do not get pregnant In such a case sperm is obtained from the husband and egg Horn the wife which is fertilized in a lest tube and then it becomes an embiyo This embiyo is placed in the womb o f the wife and in natuial piocess she pioduces child 1 he piocess of feitilization by manually combining an egg and speim in a laboiatoiy and then liansfcrim g the embryo to the uterus is called in Vitro Feitilization

\p a rl fiom the above said situation, theie may be other situations wheie eithei the husband may not be in a position to pioduce a healthy speim oi the wife due to age oi some othei medical

Sh P e tition N o 2 d o f 2015 fi-

pioblcms may not be able to maintain a pregnancy, all these cases can be summaiizcd in the following manner -

(i)Male sperm fused with fem a'e egg by TVT method

(a)Donoi sperm Wife egg m wife womb

(b)Husband spei m Donor egg in wife womb (c) Donor sperm Donoi egg in wife womb

(n)Male speim fused with female eggs by IVF method

(a)Husband sperm Wi fe egg m sunogate mothei (b) 1Iusband speim Donoi egg m smrogate mothci (0 Donor sperm Wife egg In surrogate mothei (m ) Vlale speim fused with female eggs single parents/couple

(a)j Father speim Sunogate mothei egg In suirogale (aitifiuai insemination) mother womb

(b)Donor speim Mother egg In sunogalc » mothei womb

8 All the above said situations may lesuit into the following four categones of eases -

i)The speim does not belong to the father but the egg is obtained from the mother.

n) The speim and the egg belong to actual m anicd couple but the embryo is placed m the womb o f third lady w ho gives birth to child, m) 1he speim belongs to the fathei but the egg to the donoi and the child is also produced by the donoi, and iv) Neilhei the speim belongs to the fathei noi the egg to the mothei but the child is pioduccd by the donor foi the couple,

All the above said cases are, in fact, the cases o f sim ogacy

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Surrogacy has been denved from a Latin woid, which means appointed to act in place o f It is a technique o f assisted icpioduclion wherein a woman bears and delivers child for other couples In case, if a man is incapable o f producing child and the spcim is obtained fiom the thud peison that cannot be called a case of suirogacy foi the simple 1cason that the child docs not belong to the faihei The issue arises when the woman is hired for carrying child (or a couple foi some monetaiy oi othei consideiation 10 In all the above said pioccsses the surrogate mother, who tS auanged, is paid certain amounts for canym g out the child for nmc months and then producing child for another woman So foi all practical purposes the surrogate mother gives her womb on tent 11 Due to advanced medical technology in some counti ies at one time diffeient eggs arc obtained from the body o f a woman and when one egg is used the remaining eggs are frozen and kept in bank so that those may be used in future. The surrogate mother is compensated financially for going thiough the pains and agonies of pioducm g a child In advanced countries the suirogate mother is also piotectcd thiough insurance so that if any untowaid incident happens she may be compensated adequately and m addition to that medical expenses are also borne by the hiring couple

Sh PeiHion No 2/1 of 2015

! lie first case of such nature winch came to light was of Baby VI In this case a woman by the name o f Mai y Beth Whitehead had agreed to become a sunogate mothei for a couple As a lesult a child was bom In this case speim was obtained from the husband and the egg fiom M aiy Beth Whitehead. After biith o f a daughtci Mary Beth Whitehead refused to hand over the child to the couple and she declared that hei own husband was the father o f the child She accepted that, she had enteied into a contract o f suirogacy with the couple and had received the amount but she offeied to pay back the money duiing the petiod of picgnancy she had developed emotional attachment to the child. On her refusal the couple went to the Count oi New Jersey In the dial Court the case was decided against Mary Beth Whitehead but in appeal the judgment was leversed. She was declared as real mothei and the hiring couple weie given the visitation lights. The child was handed over to Mary Beth Whitehead Since it was a first case, so became talk o f the town not only m United States but struck the headlines ot the newspapers the woild over Afterwards the lady Muiy Beth Whitehead also vviotc a book titled "A Mothei s Story” This case followed by ceitain other cases which became quite famous and necessitated propel legislation In every counliy il was realized that there should be some law legarding suuogacy but it was not an casv task In a similai case a

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lady by the name ot Ciysta! o f USA. entcicd into an agieem ent of surrogacy with a couple She was paid $22000 and an embiyo was placed m her womb Unfortunately before birth o f the child it was found that the upcoming child had ceitam defoimities 'I he couple asked her lor abortion but she refused and gave bnth to a deformed child This case was icpoited m Daily Mail dated 24lh August, 2015 13 In U K a gay couple had cnleied into an agreement with a woman who had agreed to become a sunogatc mothei foi gay couple, whose speim was used foi producing a child Aftei the buth of the child the sunogale mothei lefused to hand ovci the custody o f the child to gay couple The case, however, was decided in favoui o f the gay couple flic case was also icpoitcd in Daily Mail, 24lnAugust, 2015 The leferences o f different cases have been given to show complexity o f the issue and the background which requires legislation on me subject in different countries In United States even State iias got its own law regaidmg sunogacy, however, geneially suirogacy is not piolubited and almost daily m the newspapeis thcie aie some adveitisements legal ding the need o f sunogate mothei In U K sunogacy agreements aic legally binding in the Court, c \c n without a founal w ntten contiact However, the custody o f the child is decided by the fam ily Courts keeping in view the best interest o f the minoi In

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Canada ihe>e aie two types ol laws In one part o f the count]y sunogacy is paitly allowed but »n othet pait that is Quebec suiiogacy agreements orc not tecognized and the mother who gives buth to a child is considered as a. legal mother o f the child In Finland also suiiogacy agreements arc illegal The same is the case with France, Geoigia, Hong Kong, Hungary, Iceland, Italy and Japan vvheie even the doctors, agents and then clients arc to be punished for arranging c o m i, ie rn a 1 s 1111o ga c y

i4 l he above stated situation has cicated senous ptoblems foi ihc poor developing countiies In most o f the developed counlnes sunogacy is either not permitted or illegal oi extremely expensive As a lesu'lt most o f the developed countiies have turned to waids the pool undeveloped countries for arranging suirogate motheis All the undeideveloped countries, where poverty is Older o f the day, are on h.gh risk o f becoming markets for surrogacy We should, therefore, make anangem ents before it is too late

la In the piesent case, the petitionei had appioached the mspondent lady foi pioducing a child According to h.m, she had agieed to pioduce a child for him The embryo was u c a tc J with his speim and ihc egg o f the lady whereas no sexual intercom se had taken

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place '1 his assertion has been strongly denied b> the respondent lady as accoiding to her a propei n w tiag e had taken place The contention of the petm onei is that the marriage was, m fact, only ananged for face saving but no actual marriage had taken place It was. however, contended by the petitioner that the contract was oral and he had paid certain amounts to the lady lespondent Without stepping into the factual contioversy the fact remains that theie is dire need of legislation in lespect o f surrogacy in Pakistan At piesent if there is some coniiact iegardm g surrogacy that would be scrutinized at the touchstone o f Contract Act So the main question would be as to wbethei the contract regarding sunogacy would be a valid coniiacl and whether surrogacy by itself is m accordance with the Injunctions o f Holy Quian and Sunnah oi not

16 In the first category o f cases where the father is not m a position to pioduce a child or there is some pioblem in the sperm of the fathei and the sperm is obtained from a third person, in that case the child would belong to the person from whom the speim has been obtained The child would not belong to the peison who has airanged the sperm fiom a third person Even if the egg belongs to the wife of the pci son who has ananged the sperm from a thud person, for all practical purposes the child would belong to the mother whose egg

Sh P e tition N o 2/! o f 2015

has been used and the person horn whom the sperm lias been obtained In such a case the whole airangement would be illegal and against the Injunctions o f Holy Quran and Sunnah 17 In the second category o f cases where the sperm has been obtained fiom the father and the egg from the mother and the same has been fertilized in the test tube through medical process and the embiyo is then placed in the womb o f the actual mother in that case the child would belong to the actual mother and father. This process cannot be considered as illegal or against the Injunctions o f Holy Quran and Sunnah The reason is that the sperm and the egg actuall> belong to the actual father and mother. I f the couple agrees to go through, the prescribed medical procedure then in that case legally no question can be raised in respect o f the birth o f the child The child in such a case by all means would be legal and legitimate.

IS In all other cases where a woman is arranged as a surrogate mother against the monetary consideiation oi some othei i cason, the whole piocedure as well as the resulting birth o f the child would be illegal and against the Injunctions o f Holy Qman and Sunnah

19 Befoie coming to the Quranic concept, it cannot be ignoied that suiiogacy procedure is not only based on exploitation

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tathcr the whole concept is illogical, cruel a ad absurd I f a woman is asked to cany a child for an unknown couple and then go thiough the pains of delivery and deliver a child for anothci couple, it would be beyond human understanding that the woman, who canics the child for nine months, would not develop emotional feelings for the child to whom she gives bnth In such a case the woman becomes only a machine not having any feelings, emotions or love. Converting human beings into feeling-less machines is the worst son o f cruelty that anybody can think of. The question is that whether the feelings of love, the pains o f maintaining a chiid in womb and then delivery of child can be weighed in terms o f money This exploitation becomes worst when it is seen that people in the developed countries come to third world countries like India, Pakistan and Thailand where the rates are cheap, no medical protection is pro\ 'ded and other related faculties aie also not available If this process is allowed, it w ould be a new exploitation o f the poor third world countries by the developed European as well as American countries

20 1'he suriogacy piocediue also involves another hoirible aspect that is when a deformed baby is boin, usually the couple, who has hucci a woman to become a sunogate mother, do not develop love foi the com ing baby and when a defoimcd baby is born the hired

Sh P etition N o 2 i o l'2 0 i o

couple usually do not own the baby in most cases the woman who delivers the baby would not go for abortion, particulaily, if the woman is a teligious one she would haidly agiee foi abortion and that would create a new pioblcm If we put it m an ordinaly example, it would mean as if a couple hires a taxicab and on the way something goes wrong with the taxicab the couple would leave the taxicab and hire anothei one In a similar way the suirogate mother is useful as long as she delivers a baby If she fails to d e h \e r a healthy bab> the hired couple would leave her to her own fate.

21 We have already seen that in one case a gay couple wanted to have a child and the sperm of the gay partner was kept in the womb o f a gni who afterwards refused to hand over the child to the gay couple. Now it is to be seen as to whether the gay couple would be m a position to bring up a child and make him a useful member o f the society The situation would become more honiblc if the sperm o f a male is placed in the womb o f neai relative like sister, mothei etc although such like cases have been reported m the press 22 Theie is one moie honible aspect o f suirogacy and that is relationship o f the leal childien o f surrogate mother vis-a-vis the child to whom she gives birth as surrogate mother for another couple Obviously such like situation may create unimaginable pioblems in

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iuture foi ihe clrddien as well Particularly m Islamic countnes suirogacy would disluib the settled Shan shaies of hens as settled by the Holy Quran It would destroy the principles o f inheritance given by the Holy Quran Keeping m view all these facts u becomes clear that sunogaev even on the scale o f human wisdom, is something which is aimed at the destruction o f a healthy human society 23 This fact cannot be ignoied that in all societies, irrespective o f religious backgiound, certain values o f good oi bad a>e maintained as human values which are universal Nevertheless human values stem out o f divine law as human mmd is not capable of developing universal values good for all times to come Theie is no doubt that ceitain cleiived principles and practices are different m diffeient societies but the basic values remain the same The basic aim and object o f these universal values is that man should behave like a human being by distinguishing him self hom animals and develop a heaitnv and peaceful society Nobody can even think o f a healthy societ) if he destroys the family unit as family by itself is the basic buck on which the structure o f society is built Suirogacy, in fact, is an axe which bieaks the basic unit o f society, that is the family 24 fam ily is, in fact, the first institution where new born child gets natuial love, affection and care Foi the pioper bi ought up

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ot a child real family bonds ate a pierequisite When a child is given birth by a suirogate mothei and handed over to a third party, the thud party van ntvei substitute the mother who has given birth to a child I his. m fact, is a fight with natute and man can never succeed in a tussle against natuic fam ily unit and every society is recognized and distinguished by the values it maintains Suiiogacy, in fact, clcstiovs a healthy society

25 It may be mentioned that the Quiamc Concept on family and lepioduction of children is quite simple and straight foivvaid Placing certain lesliietions legaiding m ainage, the Holy Quian has given detailed Injunctions Prohibiting the m arnage contiact between those who fall into the prohibited degiecs and adding a lew othci conditions like that o f dower, presence o f witnesses, maintenance etc , Islam has allowed Muslims - a man and a woman - to enter into a bond o f inarnage through valid Nikah and reproduce children Accoiding to the Injunctions contained in the Holy Quian and Sunnah ot the Holy Prophet, no othei wav is provided for lepioduction ol ..hiluicn Any efforts made to leproduee children thiough othei means would be against the injunctions o f Quran and Sunnah, as highlighted n the subsequent paias

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26 Holy Quran says in Surah Misa Aval 24 -

Bui it is lawful for you to seek out all women exccpl these, offenng them your wealth and the protection of wedlock rather than using them foi the unfettered satisfaction ol lust

Heie Allah Almighty explains in clear words as to how anu with whom a man can tie the knot oi m arnage but the oveiall instructions o f the Holy Qman are that man and woman can establish manta] obligations only tn the case o f Nikah provided the same is not foi bidden as ntovided m the Holy Qtuan

The Holy Quran further says sn Surah Al-Muminun Ayaat 5 to 7

Who strictly guard their pnvate parts save horn then wives, or those whom their light hands possess, foi with regaid to them they are free from blame - As foi those who seek beyond that, they are transgressors - In othei woids Quran permits the sexual lelations between man and woman within the bond o f Nikah and not otherwise 29 The object o f Nikah and sexual leiations is lepioduction oi child)en Quran says m Surah Al-Baqaiah Ayat No 223 -

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v our wives are your tilth, go, then, into youi tilth as you wish but take heed oi youi ultimate future and avoid incurring the wrath o f Allah Know well that one Day you shall lace Him Announce good tidings to the believers

30 In such a way women have been symbolized as

agucultuiai fields and obviously a person entcis an agiicultural field for the put pose o f lepioduction so the object of sexual tclations is lepioduction o f childien but it has to be within the bond o f Nikah and not otherwise The purpose o f Nikah i-> to deteimine the paternity and maternity of the child and in such a way develop and maintain a healthy society

31.In suiiogacy childien are not produced by a couple through the bond o f Nikah. The object o f producing children through surrogacy is to satisfy the desire ol a woman who may not wish to marry a man or go through the pains o f delivery or is infertile Tins desire may even be o f a gay couple The paternity and maternity ot child would become irrelevant As such the whole concept of sunogacy, as is generally in vogue in many countiies, is against the Injunctions oi Quian and Sunnah Innumerable problems, which the society would lace, cannot even be imagined

32 In the above said ciicumstances, we hold that if a baby is born through meehamcal/medical piocess wheie the speim belongs to

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che actual father and the egg to the actual molhet ana' t/ie u'ni'ef is Oom b\ the actual mother, in +hat case ’he pi opedure would be legal and lawlul in all othci cases suirogacy procedure would be unlawful and against the Injunctions of i foiy Oman and Sunnah 33 In Pakistan such an agieement, oial or written, would oidinanly be governed by the Conti act Act, so suitable amendment be made in Section 2 o f the Conti act Act, 1<S72 and it may be specifically provided that any agieement regaiding suirogacy would not be enrc"ceable l-\ law as the same would contain unlawful proposals and on la win I considerations

34 Pakistan Penai Code be also amended and suitable section o f law be added regarding definition o f surrogacy The same be de>Jared as an offence punishable with imprisonment as well as ‘me fuilhei amendment be made in the Pakistan Penal Code that the couple who arranges a surrogate mother would be liable to punishment niongwilh surrogate ana fie doctor who carnes on the s u r o m o puweduie \nothci a nendment be made in Pakistan Pena!

Code .o provide punishment for the doctor who maintains the speim bank oi egg bank lor using m future, which shoukl include in.jv'seonjeni mid fine It must also be provided that am docloi m vol' e.l m the m ot.edure o f sui rogacy shall loose his license

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the actual fathei and the egg to the actual molhei and the child is bom b\ the actual mother, in that case the p-oceduie would be legal and lawful In all othci cases surrogacy proceduie would be unlawful and against the !n|unctions o f Holy Quran and Sunnan 33 In Pakistan such an agreement, oia! or wiillen, would oi dinar i ly be governed by the Contract Act, so suitable amendment be made m Secuon 2 o f the Contiact Act, 1872 and it may be specifically piov’ucd that any agreement regarding suiiogacy would not be enroii cable fy hivv as the same would contain unkm lul pioposals and unlaw Li- ’ consideiations

'4 Pakistan Penal Code be also amended and suitable section ot law be added regarding definition o f suirogacv The same be declared as an offence punishable with tmpusonment as well as f " c Furlhei amendment be made in the Pakistan Penal Code that the couple who unanges a sunogate mothei would be liable to punishment aiongwith suirogate ana the doctor who carries on the su ite,aev pn K.cduic \nothcr amendment be made m Pakisian Pena!

Code ,i' oio\!de pun.shmenl for the aoctor who maintains the speim bank ot egg bank lot using m future, which should include in.pi'sonnicnt and line It must also be provided that any docloi invoh ! m the pioi.echue o f smrogaey shall loose his license

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35 As fai as the case o f the petitioner is concerned, we would restiain from passing any comments on that as undei Article 203-D o f the Constitution o f Islamic Republic o f Pakistan, this Court cannot provide any peisonal relief His case has already been decided by the Civil Courts and we cannot mterfeie in the findings o f those Couits

36 In above teims, the Shariat Petition stands disposed of The office is directed to send copies o f this judgm ent to the Federal Government, C hief Secielanes and Secietanes o f Home Department o f all the Provincial Governments foi necessaiy compliance Fhc rcquiied amendments be made latest by 1d

August. 2017

Mr. Justice Riaz Ahmad Khan Chief Justice

Mr. Justice AHama Dr. Fida Muhammad Khan

Mr. .justice Zahoor Ahmed Shahwam Dated hlcwiahad the 16''" February, 20i 7 Approved fu Inn an/'* M i . Justice Klaz AhmacTlvTian Chief Justice

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I have the privilege of going through the judgment proposed to he delivered by the Hon’blc Chief Justice regarding sunogacy which has been elaborately defined and explained m great detail 1 fully agree and concur with the same

I would, however, like to add that the issue in question is very sensitive and complicated and entails several practical legal issues regaiding the Muslim Personal Law, particularly, like matters pertaining to inheritance, prohibited degrees for the purpose of mlerse marriage and privacy etc 1 may also mention that this issue had been considered by the Islamic Fiqali Academy Jedda. which has been established by the Organization of the Islamic Conference (OIC) l e file. it 13 the world’s highest Islamic forum for resolving various modem issues, arising from tune to time, in the light of Islamic Injunctions The said Academy in its meeting held in Makka Mukarrina m 1985 as well as in its another meeting held in Amman in 1986, passed the follow ing resolution in respect of surrogacy a

—ijj Li Lai j i 1$j Ia1 ULi l*-lx C J l £. j Z i h jjd d ! ( j' _ 4jC -j2ill j . L. <i'i' j lL JJC. J Lc j * ' J \ t-'-l—a j ^va J.ic.

“All the five types are strictly prohibited in Islam because it corrupts lineages and results loss of maternity and other shafi prohibition" L XiLui clj- ‘Lilac- ^ ujIIj > _sjh

- jl 9- Jjlll j\ Jjjjla £.1 Ljftjll v-j^jlallj bjl-v fl “LwajjJ “The use of a third party in the process of pregnancy is prohibited, whether the subject was liquid sperm or egg or embryo and the third party, whether involved by way of lease or donation.”

The Isiamic Research Academy m Cairo also adopted the opinion o f the academy m 2001

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4 The opinion o f the majority o f the contemporary scholars also supported the same. The m ost piominent scholars having this opinion aie:

Dt Jad al-Haq the Ex-Gi and Mufti of Al-Azhar Di Sheikh Syed Wafa. Secretary General of the Islamic Research Academy m Cairo

Dr All luma. Mufti of Egypt Dr Mohammad Sayed Tantawi The Ex-Vice Chancellor of Al-Azhar

Dr Yusuf al-Qaradawi Professor of Juns-prudence at the University of Qatar

Dr Mustafa Zarqa a Member of the Islamic Fiqh Academy Dr Mohammad Rafat Othman Dean of the Faculty of Sharia at Al-Azhar University and a Member of the Islamic Research Academy Dr Ahmed b in ‘Abdul 1Aziz Al-Haddad grand Mufti, Department of Awqaf and Islamic Affairs in Dubai.

Dr. ‘Abla Kahlavvi” Professor of jurisprudence at Al-Azhar University Dr Souad Salelr Dean Faculty of Islamic Studies at Al-Azhar University and others

[For details please see' t72 cjrh- 4_nla L)L-o3 ('])

[209a-3 ^ ‘fljM i j (5)

JUSTICE ALLAMA DR. FIDA MUHAMMAD KHAN