A Woman Donating Her Uterus
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Fatwa No. ( 21192 )
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the questioner: Dr. Faisal Abd al-Rahim Shahin, Director General of the Saudi Center for Organ Transplantation, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4596) and date 7 \ 9 \ 1420 AH. The questioner asked a question, the text of which is: I ask Your Eminence to answer this question that reached the Saudi Center for Organ Transplantation. A mother wishes to donate her uterus to her daughter, knowing that the ovary carrying the genetics will not be transplanted; rather, the transplant is limited to the uterus, which plays the role of a container in which the fetus grows, while the egg comes from the ovary of the woman to whom the uterus is transplanted, and the sperm comes from her husband. Is it permissible to transplant the uterus according to the Shari'ah or not? I would like to point out here to the fatwa issued by the Council of the Islamic Fiqh Academy, decision number (59 \ 8 \ 6), held during the sixth conference session
in Jeddah in the Kingdom of Saudi Arabia for the year 1410 AH, (a copy of the issued decision is attached), which considered what doctors say about the fact that transplanting the testicle or ovary would lead to the mixing of lineages; therefore, it issued its decision prohibiting it. As for the internal reproductive organs, it permitted their transplantation, but it did not detail the issue of the uterus, and it considered that the transplanted uterus—from a living or dead woman—became an organ of the woman to whom it was transplanted, and it did not speak about pregnancy if it occurred, whether the child would be a mahram to the mother who owns the uterus. This is a problem that the jurists discussed in detail in the Fiqh Academy and elsewhere when they discussed the problem of the surrogate mother (SURROGATE MOTHER). Thanking Your Eminence for graciously answering the question posed, and may Your Eminence accept my sincere respect and appreciation, and may Allah preserve and care for you.
After the Committee’s study of the inquiry, it answered that it is not permissible for the aforementioned mother to donate her uterus to her daughter; due to the religious precautions that result from it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the questioner: Dr. Faisal Abd al-Rahim Shahin, Director General of the Saudi Center for Organ Transplantation, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4596) and date 7 \ 9 \ 1420 AH. The questioner asked a question, the text of which is: I ask Your Eminence to answer this question that reached the Saudi Center for Organ Transplantation. A mother wishes to donate her uterus to her daughter, knowing that the ovary carrying the genetics will not be transplanted; rather, the transplant is limited to the uterus, which plays the role of a container in which the fetus grows, while the egg comes from the ovary of the woman to whom the uterus is transplanted, and the sperm comes from her husband. Is it permissible to transplant the uterus according to the Shari'ah or not? I would like to point out here to the fatwa issued by the Council of the Islamic Fiqh Academy, decision number (59 \ 8 \ 6), held during the sixth conference session
in Jeddah in the Kingdom of Saudi Arabia for the year 1410 AH, (a copy of the issued decision is attached), which considered what doctors say about the fact that transplanting the testicle or ovary would lead to the mixing of lineages; therefore, it issued its decision prohibiting it. As for the internal reproductive organs, it permitted their transplantation, but it did not detail the issue of the uterus, and it considered that the transplanted uterus—from a living or dead woman—became an organ of the woman to whom it was transplanted, and it did not speak about pregnancy if it occurred, whether the child would be a mahram to the mother who owns the uterus. This is a problem that the jurists discussed in detail in the Fiqh Academy and elsewhere when they discussed the problem of the surrogate mother (SURROGATE MOTHER). Thanking Your Eminence for graciously answering the question posed, and may Your Eminence accept my sincere respect and appreciation, and may Allah preserve and care for you.
After the Committee’s study of the inquiry, it answered that it is not permissible for the aforementioned mother to donate her uterus to her daughter; due to the religious precautions that result from it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.