According to Islamic jurisprudence, the basic as well as
fundamental reason to consider IVF for a legally married couple is when they
have attempted all the natural means to conceive but have been unsuccessful due
to infertility causes. There is a condition that says the sperms and eggs should
be from the husband and wife only and after that the embryo should be placed in
the womb of the woman who is the wife. If the condition is not followed then it
is regarded as zina. As commented by Kutty, S. A., a senior lecturer and an
Islamic scholar states "To introduce an egg or sperm from the third person
to the equation is a kin to sharing the marriage bed eith someone else. It is
therefore considered no different from zina (adultery) in Islam. A child born
through such a procedure is born of zina in Islam".
The Islamic Fiqh
council issued the following Fatwa in its seventh session held in 1404 (after
Hijrah AH) that the basic supposition is artificial insemination which means to
take the husband’s sperm and place it in the wife’s womb – is permitted,
whether before or after fertilization. Nevertheless, to use alternative woman’s
egg or womb, or to use another man’s sperm, would be considered illegitimate
and unlawful due to the subsequent misperception in lineage. Such third party
involvement would not be permitted even if the parents were infertile or
carriers of gene mutation, disease, etc.
Doing
In-vitrofertilization with egg and sperm before planting can be accompanied
with doubts so it should be practiced only in case of dire necessity to do so. In Islam, it is permissible with some pre-conditions which
are as follows:
1.
The Muslim woman must not
under any circumstances show her private parts to anybody except her husband
unless there is a lawful reason to do so.
2.
No doubt that the need
for the woman to be treated for an illness is a lawful reason that gives her
the right to be exposed to a person other than her husband but this should be
in conformity with the necessity itself.
3.
If there is a legal
reason for the woman to be exposed to a person other than her husband for
treatment, that person should be a Muslim woman if there is one who can do the
job; if not found, then a non-Muslim woman; if not found then a trustworthy
Muslim doctor; if not found then a non-Muslim doctor. This is the legal
sequence. It is unlawful for the woman to stay by herself with the male
doctor. It is mandatory that her husband or another woman stays with them. The council also
states that the need of the married woman as well as her husband to have a
child is a sound reason and a legal one that makes it lawful for the infertile woman or man to
seek treatment in the lawful way of artificial insemination.
The basic
Islamic principle allows an individual who is suffering and facing hardships;
to use all lawful means to solve their problems, however at the same time
preserving their trust in Allah that He will help them achieve their goal.
A saying of the Holy Prophet is “For every disease Allah has created a cure except
death, So Oh Children of Adam, seek cure for your ailments.” Henceforth, it is
quite evident that infertile couples are inculcated and fortified to seek a
cure of their infertility. The command to pursue treatment and remedies for
disease also applies to physicians and other healthcare professionals. All health care professionals are obliged to abide by the
ethical principles and so autonomy is one of the major ethical principles which
led the health care provider to respect and acknowledge
the couple’s right to make choices and take action based on their values and belief
system. Also, the discovery of new methods of treatment
for infertility as well as other diseases is in principle of a perfectly
legitimate pursuit. Consequently, it’s the couple’s right
to seek for the cure since every couple in this world has a desire for
children because it is strongly embedded in the human psyche and there is nothing
morally problematic about fulfilling this desire.
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