ARTIFICIAL INSEMINATION TO GET A CHILD
CONTENTS OF DISCUSSIONS
PreambleIn-Vitro Fertilization (IVF)Using Eggs Or Sperm From Someone Other Than The Spouses In Artificial InseminationTest-Tube BabiesShe Wants To Have Boy Twins By Means Of In Vitro Fertilization
PREAMBLE
ARTIFICIAL INSEMINATION THROUGH IN-VITRO FERTILIZATION (IVF) TO GET A CHILD
Question from concerned Muslim; IS IT A SIN?
A Muslim sister got pregnant, her family decided to discipline her since she was not married. When the elders met her, she told them that she has stayed for years and no one is proposing to marry her and she is getting to the age were she can't get pregnant if married. So she went and did artificial insemination since she wants a child. She provided the medical documents that showed that she has done the artificial insemination. The sister is pregnant without committing fornication nor adultery.
COULD THIS BE A SIN?
If YES or NO, please, give your reasons for your answer. If possible back it up with The Qur'an quotations and Hadith so that we can all learn.
POSSIBLE ANSWERS TO YOUR QUESTION INCLUDE THE FOLLOWING:
IN-VITRO FERTILIZATION (IVF)
Undoubtedly children are one of the blessings and adornments of this world, and one of the greatest purposes of marriage is to produce offspring. A righteous child is a treasure for his parents in this world and in the Hereafter, and his righteous deeds will be recorded in the balance of his parents’ deeds. A man or a woman may be faced with lack of children or delay of having children. What they must do is be patient and seek reward, and say a lot of du’aa’ and prayers for forgiveness. They should understand that Allaah only decrees things for a reason.
If a person has available Islamically acceptable means of getting children, there is nothing wrong with his pursuing that. But the Muslim should beware of false ways involving sihr (witchcraft) and myths, and he should beware of doctors who do not fear Allaah and whose main aim is to make money from those who want to have children. Hence some of them switch eggs or sperm. This is why some scholars have forbidden these methods of having children or have stipulated very strict conditions.
Secondly:
One of the methods that doctors use to help couples have children is that which is mentioned is namely IVF. This method involves stimulating the ovary to produce a number of eggs, similar to the way in which a woman naturally produces one egg. This is done by giving the woman an injection of DECAPEPTYL to prepare the ovaries for the next step, which is injections of hormones to stimulate the ovaries to produce a number of eggs. After ascertaining that the eggs have grown, the woman is given an injection of HCG to complete the development of the eggs before they are extracted. This injection is usually given 36 hours before the eggs are extracted.
On the day on which the eggs are extracted, semen is taken from the husband and 100,000 sperm are placed with each egg in a test tube so that fertilization may take place. Two or three days later, the fertilized eggs divide to form what is called the EMBRYO, and the embryos are divided into categories according to their quality. The best embryos are selected to be returned to the uterus, where they are placed, and later on an examination is carried out to make sure whether there is a pregnancy or not. The success rate of this procedure according to doctors is 30-40 %.
This summary was mentioned by Dr Usaamah Saalihah, a specialist in gynaecology, obstetrics, infertility and laparoscopic surgery in Britain, and the director of the test tube baby unit in the new Dar al-Shifa’ Hospital. From al-Watan Clinic magazine.
Thirdly:
With regard to the shar’i ruling: it should be disallowed, in order to be on the safe side. This is the view of Shaykh ‘Abd-Allaah al-Jibreen (may Allaah preserve him) and it was quoted from the scholars of the Standing Committee Or it may be permissible subject to certain conditions, including the following:
1 – That there be a real need for that. A delay of one or two years in having children is not an excuse for the couple to pursue this or similar methods. Rather they should be patient, for Allaah may grant them a way out soon without them doing anything that is haraam.
2 – The woman should not uncover her ‘awrah before men when there are female staff available.
3 – It is not permissible for the husband to masturbate, rather he may be intimate with his wife without penetration, and produce semen in this manner.
4 – The woman’s eggs and man’s sperm should not be kept in a freezer for later use, or another appointment, and there should not be any delay in placing them in the woman’s uterus. Rather that should be done immediately without any delay, lest they be mixed with others or be used for other people.
5 –The sperm must come from the husband and the egg from the wife, and be implanted in the wife’s uterus. Anything else is not permissible at all.
6 – There should be complete trust in the doctors who are doing this procedure.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked about the ruling on putting a woman’s egg in a test tube then fertilizing it with the man’s sperm, then returning it to the woman’s uterus so that it may develop.
He replied:
(a) If there is no need for this procedure then we do not think it is permissible, because it involves surgery to extract the eggs – as you mention in the question – and this surgery involves uncovering the ‘awrah unnecessarily, then it involves surgery and there is the fear that it may have effects even in the distant future, such as damaging the Fallopian tube or causing infections.
Moreover, if things are left to proceed naturally as created by the Most merciful of those who show mercy and the Wisest of judges, that is closer to proper etiquette with Allaah and it is better and more beneficial than ways invented by man, which may appear initially to be good but they fail later on.
(b) If there is a need for this procedure, then we do not think there is anything wrong with it, so long as three conditions are met:
1 – That this fertilization be done with the husband’s sperm. It is not permissible to use the sperm of anyone but the husband for this fertilization, because Allaah says (interpretation of the meaning):
“And Allaah has made for you Azwaaj (mates or wives) of your own kind, and has made for you, from your wives, sons and grandsons, and has bestowed on you good provision. Do they then believe in false deities and deny the Favour of Allaah (by not worshipping Allaah Alone)”[Holy Quran Chapter al-Nahl 16:27]
2 – The collection of sperm from the man should be done in a permissible manner, such as by the husband being intimate with his wife, and ejaculating between her thighs or in her hand, so that the semen may be emitted, then the egg may be fertilized with it.
3 – After fertilization, the egg should be placed in the wife’s uterus. It is not permissible to place it in the uterus of any other woman under any circumstances whatsoever, because that involves inserting the sperm of the man into the uterus of a woman who is not permissible for him, and Allaah says (interpretation of the meaning):
“Your wives are a tilth for you, so go to your tilth, when or how you will, and send (good deeds, or ask Allaah to bestow upon you pious offspring) for your ownselves beforehand. And fear Allaah, and know that you are to meet Him (in the Hereafter), and give good tidings to the believers (O Muhammad (Sallalahu Alaihi Wa Salaam) [Holy Quran Chapter al-Baqarah 2:223]
Tilth is mentioned specifically with regard to a man’s wife, which indicates that a woman other than his wife is not appropriate for his tilth. End quote. Majmoo’ Fataawa al-Shaykh al-‘Uthaymeen (17/p. 27, 28).
And he (may Allaah have mercy on him) also said: Artificial fertilization is when the husband’s sperm is taken and placed in the uterus. of the wife by means of a syringe. This is a very serious issue. Who can be certain that the doctor will not put the sperm of one man in the uterus of someone else’s wife?! Hence we think that precautions must be taken and we should not issue fatwas except in specific cases where we know the man, the woman and the doctor. As for opening the door to this, there is the fear of evil consequences.
The matter is not to be taken lightly, because if any deceit takes place, it means that lineages will be mixed, and there will be chaos, which is something that sharee’ah has forbidden. Hence the Prophet SAWS (peace and blessings of Allaah be upon him) said: “One should not have intercourse with a pregnant woman until she gives birth.” I will not issue fatwas to this effect, unless a specific case is referred to me and I know the man, the woman and the doctor. Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen(17/question no. 9)
This is the verdict of the Islamic Fiqh Council of the Organization of the Islamic Conference in which it says: There is nothing wrong with resorting to this in the case of need, but it is absolutely essential to take all necessary precautions. Majallat al-Majma’(3/1/423).
We ask Allaah to bless the couple with righteous offspring with no need for such methods, and to enable them to bear this trial with patience.
RULING ON USING EGGS OR SPERM FROM SOMEONE OTHER THAN THE SPOUSES IN ARTIFICIAL INSEMINATION
If a third party, other than the spouses, is introduced into the process of fertilization, such as eggs coming from another woman or another woman acting as a surrogate mother, or sperm coming from another man, then fertilization in such cases is HARAAM,because it is counted as ZINAA (ADULTERY). When a woman uses the sperm of a man, this comes under the same rulings as intercourse in terms of what is halaal and what is haraam.
With regard to the child who is born as the result of such a process, he is to be attributed to the mother who bore him, and not to the man who produced the sperm, as is the ruling in the case of zinaa (fornication or adultery). If that man claims to be the father and no one disputes that, then the child may be attributed to him, because the Lawgiver is keen that people should be named after their fathers. With regard to the hadeeth, “The child belongs to the (marriage-)bed and for the adulterer is the stone,” it is to be interpreted as referring to cases where there is a dispute, as is clear from the incident which gave rise to this hadeeth. Reference Al-Da’wah magazine, issue no. 1796, p. 20.
TEST-TUBE BABIES
This matter has been studied by the Islamic Fiqh Council (Majma’ al-Fiqh al-Islami), who issued the following statement:
One: The following five methods are forbidden according to sharee’ah. They are forbidden either in and of themselves, or because of their consequences such as mixing lineages, not knowing who the child’s mother is, or other reasons that are objectionable according to sharee’ah.
When fertilization takes place between sperm taken from the husband and an egg taken from a woman who is not his wife, then the embryo is placed in his wife’s womb.
When fertilization takes place between sperm taken from a man who is not the husband, and an egg taken from the wife, then the embryo is placed in the womb of the wife.
When fertilization is done externally between the sperm and egg of the couple, then the embryo is placed in the womb of a woman who volunteers to carry it (“surrogate motherhood”).
When fertilization is done externally between the sperm of a man who is not the husband and the egg of a woman who is not the wife, then the embryo is placed in the womb of the wife.
When fertilization is done externally between the sperm and egg of the two spouses, then the embryo is placed in the womb of another wife (of the husband).
Two: The sixth and seventh methods are acceptable as a last resort in cases of necessity, when it is certain that all necessary precautions have been taken. These two methods are:
When the sperm is taken from the husband and an egg is taken from the wife, fertilization is done externally, then the embryo is planted in the womb of the wife.
When the sperm of the husband is taken and injected into a suitable place in the cervix or womb of the wife so that fertilization may take place internally.
Other reservations that pose a concern in this matter include: the uncovering of the woman’s ‘awrah and most private parts; the possibility of mistakes in the laboratory; the possibility that some weak-minded people in some hospitals may breach their trust and deliberately switch eggs or sperm in order to make the operation a success and earn more material gains. So we have to be extremely cautious when dealing with this matter. And Allaah knows best. Al-Majma’ al-Fiqhi, p. 34.
SHE WANTS TO HAVE BOY TWINS BY MEANS OF IN VITRO FERTILISATION
If you cannot have children normally and you have turned to artificial fertilisation – whilst paying attention to the guidelines on that – in that case there is nothing wrong with trying to decide the gender of the foetus, because of the permissibility of artificial fertilisation in your case.
But if you are able to have children in the normal manner, it is not permissible for you to resort to artificial fertilisation with the aim of choosing the gender of the foetus, except in cases of necessity having to do with hereditary diseases that affect only females and not males, as stated in the resolution of the Islamic Fiqh Council. However, it is permissible to follow natural methods of choosing the gender, such as following a particular diet, chemical washes and choosing the time of intercourse according to the time of ovulation, because these are permissible means and there are no reservations concerning them.
And Allah knows best.
REFERENCES
https://islamqa.info/en/135487
Islam Q&A, https://islamqa.info/en/98604
https://islamqa.info/en/23104.
Islam Q&A, https://islamqa.info/en/170793