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Resolutions of Iftaa' Board

Resolution No.(5) “ Ruling of Sharia on Artificial Insemination “

Date Added : 25-01-2018

Resolution No.(5) by the Board of Iftaa`, Research and Islamic Studies:      

“Ruling of Sharia on Artificial Inseminatio“

Date: 25/10/1404 AH; 24/7/1984 AD

 

Question: What is the ruling of Sharia on artificial insemination?

Answer: All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

Almighty Allah Has Honored human beings in His Book where He Says (What means): “We have honored the sons of Adam.“ {70/al-Isra`}.

Part of this honor is embodied in the keenness of Sharia on protecting lineage and preserving fatherhood of fathers, motherhood of mothers and filiation of children by true natural kinship and observance of chastity and virtue in building the family, and forming the community.

Allah Has also Embodied this honor in making legitimate marriage the natural means of forming the family and begetting children, and in forbidding adultery as it leads to mixing lineage, severing kinship ties, and violating honor. He Says in the Noble Quran (What means): “O mankind! reverence your Guardian-Lord, who created you from a single person, created, of like nature, His mate, and from them twain scattered (like seeds) countless men and women;- reverence God, through whom ye demand your mutual (rights), and (reverence) the wombs (That bore you): for God ever watches over you.“ {An-Nissa`/1}.

This honor is a favor and a grace that Almighty Allah Has Bestwed upon His servants; it is the natural means legislated by Him for begetting children, which is amongst the intentions of Sharia from marriage.

 

Allah Creates a child from the insemination of an ovum in a wife`s womb by a husband`s sperm. Allah  Says in this regard (What means): “Verily We created Man from a drop of mingled sperm, in order to try him: So We gave him (the gifts), of Hearing and Sight.“ {Al-Innsan/2}. As a result, the born child leads his/her life having a legitimate relationship of lineage to his/her father, so he/she acquires a natural relationship with his/her parents, brothers, sisters and relatives; consequently, he/she is neither a stranger to them, nor attributed in lineage to a strange person as well. Allah Says (What means): “Call them by (the names of) their fathers: that is juster in the sight of God.“ {Al-Ahzaab/5}.

Allah Has Decreed that people be called by the names of their fathers for He Says in the Noble Quran (What means): “Call them by (the names of) their fathers: that is juster in the sight of God.“ {Al-Ahzaab/5}. Moreover, it was reported that the Prophet (PBUH) said: “If somebody claims to be the son of somebody other than his father knowingly, he will be denied Paradise (i.e. he will not enter Paradise.“ {Bukhari &Muslim}. The Prophet (PBUH) also said: “If somebody claims to be the son of somebody other than his father knowingly, or takes a master other than his real masters will incur the curse of Allah, the angels and all the people, and Allah will not accept his compulsory or optional good deeds.” {Bukhari and Muslim}.

Artificial insemination is either conducted by using the sperm of the husband or someone else`s. Such a procedure is permissible in case of necessity if the wife`s ovum was fertilized with her husband`s sperm, provided that lineage is safeguarded since maximum care must be undertaken while preserving the ovum, and those who carry out this procedure must be very cautious in this regard as well. This is in order for the fertilized ovum not to mix with other fertilized ova because any mistake, or act of carelessness in this regard will lead to serious effects on man, blood ties , and honor. In addition, the staff conducting this procedure must be tightly monitored, and it is better that trustworthy and honorable physicians take charge of it. This way, the aforementioned procedure doesn`t contradict the intentions and the rulings of Sharia, in addition to becoming permissible.

However, if the insemination was conducted by using a sperm other than that of a woman`s husband, then it is considered forbidden absolutely and without the least suspicion. In fact, it is similar to disguised Zina (adultery) since it leads to the mixing of lineage and wasting the favor of having relationships of lineage and marriage, which are a good fruit of lawful marriage. Allah Says in this regard (What means): “It is He Who has created man from water: then has He established relationships of lineage and marriage: for thy Lord has power (over all things).” {Al-Forqaan/54}. Unlawful insemination is a kind of forgery that leads to mixing lineage. Islam has totally rejected it, and came up with a way for putting an end to it once and for all by prohibiting adoption where a man isn`t called by the name of his father. Almighty Allah Says in this regard (What means): “God has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But God tells (you) the Truth, and He shows the (right) Way.“ {Al-Ahzaab/4}.

Artificial insemination between unmarried people poses a greater danger than adoption as far as familial ties and lineage are concerned. It also contradicts the intention of Sharia behind legislating marriage, and paves the way for the emergence of grave evils and sins, which should be dealt with cautiously  and leashed decisively.

There is a moral lesson for Muslims from what is happening to western societies in terms of the deterioration of their familial ties. Nevertheless, the family is the primary pillar in building society and subjecting it to doubts and lack of confidence by questioning the lineage of its members will lead to the destruction and break up of society through losing the bond that ties a child with his father. As Muslims, we should make use of the experiences of others and learn a lesson from the desperate situation of the western society resulting from the break up of familial ties, and we should also adhere to the Sharia of Allah so as to remain on the righteous path.

Since adherence to the Ordainments of Allah, The Almighty, putting them into effect, and abiding by their limits are some of the greatest favors that He Has Bestowed upon us. And Allah Knows Best.

 

The Iftaa`Board

 

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Summarized Fatawaa

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is highly recommended (Mustahabb) for the person offering a voluntary Udhiyah (sacrificial animal) to eat from its meat, but it is not an obligatory requirement (Wajib). Allah the Almighty says {what means}: "So eat of them and feed the needy who do not beg and the beggar. Thus have We subjected them to you that you may be grateful." (Al-Hajj/ 36)
 
"So eat of them": This directive is an encouraging recommendation, not a binding command.
 
The Qani’ (the needy who do not beg): Refers to a poor person who refrains from asking people for help out of dignity.
 
The Mu’tarr (the beggar): Refers to a poor person who explicitly asks others for assistance. And Allah the Almighty Knows Best.

Is the one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

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