Legal Transformation in Muslim Societies

Abstract

Islam is a diverse religion that fosters and accommodates technological advances including in the field of medicine, but with certain limitations and constraints. This article examines the intersection of motherhood, Islamic law (Shari’ah), and Assisted Reproductive Technologies (ART) through a comprehensive jurisprudential analysis. With the advancement of medical technologies such as in vitro fertilisation (IVF) and surrogacy, the concept of motherhood has evolved, raising ethical and legitimacy concerns within the frameworks of Islamic law. This article explores key issues such as the permissibility of ART procedures like IVF, sperm and egg donation, surrogacy, and their compliance with Islamic principles regarding marriage, family structure, and inheritance. The research in this article employs a qualitative and analytical approach, combining traditional Islamic jurisprudential (fiqh) methodologies with contemporary legal and ethical analysis. The article argues that Shari’ah rules differ significantly between the contexts of ART within a legitimate marital relationship and an illegitimate relationship. The article concludes by offering practical recommendations for Muslim scholars, legal experts, and medical professionals. These recommendations aim to guide all stakeholders in making informed decisions that consider contemporary health developments while upholding Islamic principles and values.