Resolutions of Iftaa' Board



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

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

What is the ruling on praying behind a disliked Imam?

 

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is mildly disliked (Makruh Tanzihan) for a man—other than the permanent designated Imam (Imam Ratib)—to lead people in prayer if the majority of them dislike him due to a religiously blameworthy reason (Amr Madhmum Shar‘an), such as associating with open sinners (Fussaq), for example. As for the followers who dislike him, the prayer behind him is not disliked for them. However, if less than the majority dislike him, or if the majority dislike him for a reason that is not religiously blameworthy, then his leading the prayer is not disliked. And Allah the Exalted knows best.