Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
Uterus transplantst are allowed according to many Fiqh Councils, as they do not transfer any genetic materials to the fetus.
In responding to your question about uterus transplant, Dr. Hatem Al-Hajj, Dean of the College of Islamic Studies at Mishkah University and a member of the Permanent Fatwa Committee for the Assembly of Muslim Jurists in America (AMJA), states:
The uterus does not carry any genetic coding. Therefore, it is permissible to transplant it for a need. This was the position of the Fiqh Assembly of the Organization of Islamic Conference (OIC); resolution 26 (4/1), during its sixth annual convention, in 1410 A.H. 1990 C.E.
For more clarification about uterus transplant, Dr. Mohammad Qatanani, Professor in the Islamic American University and Imam of the Islamic Centre of Passaic County in New Jersey, adds:
Uterus transplants are permissible according to most scholars and Fiqh councils in many places.
This opinion is built on the notion that the uterus is only a container for the baby. The uterus does not transfer any genetic materials to the fetus. It is like any other organ in the body.
Since organ transplant, generally, is permissible within its conditions, the ruling holds the same for uterus implant.
Almighty Allah knows best.
Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.