Fiqh - Artificial Insemination

Allaah The Almighty Says)what means(:}And Allaah has made for you from
yourselves mates and hasmade for you from your mates sons and
grandchildren and has provided for you from the good things. Then in
falsehood do they believe and in the favor of Allaah they
disbelieve?{]Quran 16:72[. Allaah The Exalted also Says)what
means(:}He gives towhom He wills female]children[, and He gives to
whom He wills males. Or He makes them ]both[ males and females, and He
renders whom He wills barren. Indeed, He isKnowing and
Competent.{]Quran 42: 49-50[.
In addition, the Prophetsaid:"Marry women who are loving and very
prolific, so I will outnumber all other nations through you."]Abu
Daawood and An Nasaa'i[
Continuous reproduction is of a great importance in the life of man in
order for him to preservehis existence and perform his mission of
constructing the earth. Nevertheless, one of the spouses – or both -
may suffer infertility which deprives them from having righteous
offspring.
Science discovered artificial insemination as a means to treat
infertility in the husband or wife and in the case ofa delay in
pregnancy in a number of cases, including:
- The blockage of the fallopian tubes extended to the two sides of the
uterus or the absence thereof.
- The presence of antibodies in the secretions of the cervix and vagina.
- Low sperm count in men.
Forms of Artificial insemination:
There are various forms of artificial insemination.However, they are
divided into: permissible according to the restrictions set forth by
Islam or impermissible for contradicting the principles of the Islamic
Sharee'ah. These forms can be presented as follows:
The Permissible Forms Include:
- Taking the sperm specimen from the husband and injecting it into the
uterus of his wife by way of internal fertilization.
- Taking two samples; one from the semen of the husband and the other
from the ovum of the wife. They are fertilized externally in a test
tube. Then, the embryo is implemented in the uterus of the wife, the
owner of the ovum.
Impermissible forms Include:
- Inserting the semen of acertain male, who is known to the doctor but
unknown to the married couple, into the uterus ofa woman. This is
after having taken her consentand the consent of her husband provided
that the donor shall not knowto whom his semen will be given.
- Collecting the semen of many men and donating them to the sperm
bank. Then, it is used to fertilizethe woman who
requestsfertilization.
- External fertilization in a test tube between the sperm of a man and
an ovum of a woman who isnot his wife and this manand woman are
referred to as donors. Then the embryo is implemented in the womb of
another married woman who desires to give birth. This applies in cases
of barrenwives as a result of problems in the ovaries but a healthy
uterus as well as in case of barren husbands.
Regulations of Artificial Insemination:
Jurists have set forth a number of regulations that protect the
individuals, the family and society, such as:
- Taking extremely intense precautions in assuring that the ovum is
not confused with other fertilized ova.
- The husband or someone he trusts shall attend the process of
insemination from the point of taking the spermand the egg until
inserting them into the woman's uterus.
- Recording the data of the process in full in order to avoid any
circumstances that may lead to intermixing of lineages.
- Affirmation of the professional and ethical integrity of the
physicians and medical staff who perform the process of insemination.
The issue, from the very beginning, should be enveloped by faith in
fate and divine decree as Allaah The Exalted Says)what means(:}He
gives to whom He wills female]children[, and He gives to whom He wills
males. Or He makes them ]both[ males and females, and He renders whom
He wills barren. Indeed, He isKnowing and Competent.{]Quran 42:
49-50[.