Fatwa no.
21192
All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets.The Permanent Committee for Scholarly Research and Ifta' received the letter that was sent to His Honor the Mufty from the questioner, Dr.
Faysal `Abdul-Rahim Shahin,
the Director General of the Saudi Center for Organ Transplantation. The letter was transferred to the Committee by the Secretariat General of the Council of Senior Scholars under no. 4596 dated 07/09/1420 A.H. Following is the text of the question:I hope that Your Eminence will answer the following question that is submitted by the Saudi Center for Organ Transplantation: A mother would like to donate her womb, but not the ovaries that carry the hereditary traits, to her daughter. The womb will only act as a place for the baby to develop in. The ovum will be taken from the ovary of the recipient woman, i.e. The daughter, and the sperm from the daughter's husband.
Is this womb transplantation permissible?
I would like here to refer to the Fatwa issued by the Islamic Fiqh Academy Council decree no. 6/8/59 that was held in the sixth conference session in (Part No. 25; Page No. 114)
Jeddah
in
the Kingdom of Saudi Arabia
during the year 1410 A.H. (attached is a copy of the issued decree). The Islamic Fiqh Academy Council issued a decree prohibiting the transplantation of testicles or ovaries, as doctors warn that this will lead to lineage confusion. However, it permitted the transplantation of other inner organs of the reproductive system. A ruling on womb transplantation has not been decided by the council concerned. It considered the transplanted womb a part of the recipient woman, whether the donor woman is dead or alive, but it did not state whether or not the baby will be a Mahram (non-marriageable relative) to the donor woman. Jurists of the Islamic Fiqh Academy and some other jurists have discussed this problem in detail during their discussion of the problem of surrogate mothers. Please accept my best regards. May Allah keep and protect you.
After the Committee studied the Fatwa request, it decided that it is not permissible for the mother concerned to
donate her womb to her Daughter as this leads to matters forbidden by Shari`ah (Islamic law).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.