By: Sayyed Mohamed Muhsin
International Islamic University Malaysia

The Sixth Method: External Insemination
The Sixth method is that the process of insemination of sperm of the husband and the egg of a wife will be done externally, and then the embryo is placed in the womb of his wife. The external insemination is only strange from normal deliveries. This method is approved as legal in Islamic law in the very necessary conditions by the committee of the Islamic conference. Due to the lack of interference by a foreigner in this method would be as usual and child will be considered by them. In this method, because of approval as legitimate no chance of doubt in the case of the inheritance of the child born by this method. As usual, the child will inherit the father and mother (owner of sperm and egg).

The Seventh Method: Introduction By Injection
The seventh method is to take the sperm of the husband and inject this to the appropriate location of his wife’s vagina or uterus. This method also considered as legal and child as legitimate by the committee of the Islamic conference. That is because the child will inherit the parents as usual.

The Eighth Method: The Alien Egg And Uterus
In this method the sperm of a husband would be inseminated by the egg of alien woman’s egg and latter the embryo would be introduced to another woman’s uterus. In the case, it is noticed that the sperm of the husband has no legal relation or tie with the egg and the uterus. According to Sufiane Omer Barega, it is totally prohibited way in Islam and stands like prostitution.

Here, the father of this child is a husband who gave sperm and the mother is a woman whose egg was used, while the husband of owner of uterus and husband of owner of the egg have no any right on child due to the lack of any biological relation. So, the child will inherit the husband and woman of egg with the proof that mentioned before.

In the way alien egg and uterus, instead of introducing the embryo to another woman, there is also a chance to introduce to same woman i.e. woman of egg. Here, the husband and woman of egg and uterus are considered as parents. So the child can inherit both of them. Assaikh Badrul Muthavalli expressed a different opinion here, as he says “if that woman (her egg and uterus were used) has a husband then the child belongs to him”.

Significant Proofs Of Who Supported The Surrogacy
The important concept about the uterus of a woman is that it is only the container for child to preserve him and origin of food for him while the main characteristics related his entity is from the attachment of semen and egg. The significant proofs are the following:
• The scholars of this view produce the Qur’anic verses as their proof as “O people, if you have any doubt about Life After Death, you should know that We first created you of clay, then of a sperm-drop then of a clot of blood, then of a lump of flesh, shaped or shapeless. (We are telling you this) so that We may make the reality plain to you. Did We not create you out of a mean fluid, and kept it lodged in a secure place for an appointed term?.” From this verse it is clear the duty of the uterus is just like the duty of Earth with trees. The creation of human is always done with meeting of semen with egg.
• The process of surrogacy is similar to the breast feeding and same relation between them.
• The basic ruling in all matters is the ruling of permission. Such as the lack of direct prohibiting in the case of surrogacy indicates to its permission.
• It is also very well-known about the intention and motivation of Sharia’ in the matter of reproduction and its fulfilment.
• In the case of necessity the prohibited will be also permissible

The Significant Proofs Of Who Prohibited The Surrogacy
The significant proofs who said against surrogacy are the following:
• It is clear that there is no any legal relation between the husband and the surrogate mother, so it is clear to rule as illegitimate and this activity as prohibited.
• It causes the mixing between the lineages in an immoral way.
• There is very obvious difference between the breast feeding and surrogacy.
• It misses the nobility of motherhood and commercialize it as business commodity.
• It is the overtaking of a divine decision for him or He gives both sons and daughters to whom He wills and makes barren whom He wills. Indeed. He knows everything and has power over everything.

There Are Two Important Groups Related The Issue Of Lineage
The Issues of inheritance, as mentioned earlier, are directly related to the issues of lineage. One’s inheritance can be determined if his lineage has been fixed to somebody else. In the discussion on the lineage of children of surrogacy, there are mainly two groups with different opinions on the issues of lineage.

The First Group
The child will entitle to the owner of the egg and inherit her and her husband while the owner of womb would be considered as a mother of breastfeeding. This view has been supported by the great scholars like Prof. Musthafa Azzarqa’, Dr. Muhammed Naeen Yaseen, Dr. Zakariyya Albarri, Prof. Mohammed Muhammed Abbasi, Dr, Wahba Zuheli, Dr. Hashim Jameel, Dr. Muhammed Sarthawi, Dr. Fouzi Faizullah, Dr. Arif Ali Arif and Dr. Abdul Muhsin Swalih, likewise the major scholars who attended at the 8th conference of the Fiqh Council in the year of 1405H.

They prove it by the following things:
1) The child embryo is created by the egg and the sperm of husband while the only relation with the surrogate is she kept this child by giving blood and uterus. So the child is one who has been created by the egg and sperm of two persons while between there was legal wedlock. Did We not create you out of a mean fluid, and kept it lodged in a secure place for an appointed term?.
2) The origin of the child is the sperm and egg of the parents and the child’s hereditary qualifications are totally connected to the embryo while uterus has not any influence on it.
3) The embryo is similar to the seed of a plant and uterus to the earth. The fruits of that plant is the fruits of that seed no the earth.

The second group
The child will be entitled to the owner of uterus who delivered the child and inherit her and her husband. The woman of egg will be treated as the mother of breastfeeding.

This view was supported by the great scholars like Yusuf Al-Qaradawi, Ashaikh Ali Tanthavi, Ashaikh Abdul Hameed Thahmaz, Prof. Zakariya al Barri and so son.

They prove it by the following things:
1) Qur’anic verses in general indicate to that the one who delivered is the mother. Their mothers are only those who gave them birth.
2) We have enjoined man to treat his parents with kindness. His mother bore him with hardship and she gave him birth with hardship, and his bearing and his weaning took thirty months. It indicates that the mother is one who carry in the uterus and deliver.

Reseracher’s View
According to researcher, the opinion of first group is accepted because of their very clear-cut and solid proofs. They mentioned two ways of in vitro fertilization are permitted and not adverse to sharia’ in the case of very necessity. As far as the surrogacy is concerned, the major ways are very criticized by the contemporary Islamic scholars. Even though the researcher observes all ways except sperm of alien man and alien embryo are supported by some scholars while they met many counter opinions from other well-known scholars. From the said reality we can conclude that the children of different types of surrogacy (except the mentioned two ways of alien sperm and alien embryo) can inherit as legitimate ones, following to the scholars who introduced the fatawa of permission in the respective type, by their father and mother as described in each type. But it cannot be over looked that the Islamic law discourages the surrogacy in its full meaning because of very crucial problems that may produce in the concept of family, routines and responsibilities after all in the case of pure belief in Allah.

Conclusion
In this paper, the researcher tried to explain maximum ways of artificial insemination of IVF and surrogacy and added an appropriate description with it. Artificial Reproductive methods, in general, are often discouraged by Islamic jurisprudence. Even though, it is clear that there are already many products of IVF and surrogacy and they need some solutions in the area of inheritance. So applying the different opinions of Scholars in the proper and suitable way it is expected to solve the problems to a large extent. The details about the inheritance with each method have been explained referring to the possibilities of legality. It is an easy approach in Islamic jurisprudence to shut the door of analysis by ruling it is haram or prohibited and very difficult to find out the base of the ruling and get some similarities to already defined ruling to compare between them in order to reach the final ruling, this way also has been applied in this paper.

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