Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

Should a woman who broke her fast because of delivery make up for missed fasting days before the next Ramadhaan, and what is the expiation due on her in case she delayed making up for them ?

She should make up for missed fasting days before the start of next Ramadan if possible, but if she didn`t while being able to, then she is obliged to make up for them along with feeding a needy person for each delayed day of the missed fasting days. However, if she wasn`t able to make up for the missed fasting days before the start of next Ramadan, she has to fast a day for every day that she missed, and no ransom is due on her. And Allah Knows Best.

After I had prayed, I found a drop of menstrual blood and was unsure when that happened; what is the ruling on my prayer and fast?

All praise is due to Allah, peace and blessing be upon the Messenger of Allah.

Your prayer and fast are correct ,and you should not make up for them, and we ask Allah, The Almighty, to duely reward you for these acts of worship. Your menses start once you see blood because the situation remains as such unless there is certainty or predominant conjecture, as per the Fiqh maxim: "Certainty is not removed by doubt". And Allah Knows Best.

Is it permissible for a woman to use a contraceptive without telling her husband although he wants to have as many children as possible and she can`t care for them?

All perfect praise be to Allah, the Lord of the Worlds, may His Blessings and Peace be upon our Prophet Mohammad and upon all his family and companions.
If the pregnancy is harmful to the woman, it is permissible for her to use a contraceptive; however, this has to be backed by a medical report from a God-fearing doctor. In addition, you had better inform your of what you are doing to avoid dispute. And Allah The Almighty Knows Best.

Is it permissible for a woman to go out wearing bright colors?

Bright colors are part of a woman`s adornment, and it is impermissible for her to show it to people other than her husband, or one of her Mahrams (Unmarriageable kin).