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Artificial Insemination

Answered as per Hanafi Fiqh by Askmufti.co.za
Q: Is surrogacy allowed in Islam? In this instance the couple’s fertilized embryo is planted into a surrogate to be the ‘carrier’ for the childless couple.

A: 1) IVF or in vitro fertilization, also known as artificial insemination is a procedure whereby the woman’s eggs are extracted and fertilized with the husband’s or donor’s sperm in the laboratory using a receptacle similar to a test-tube. That’s why a baby conceived in this way is called a ‘test-tube’ baby. This procedure is obviously carried out for infertile couples and mothers who cannot bear children. In Islam this will be allowed under the following conditions:

a) Sperm used must be that of the husband. Using donor sperm is not permissible.
b) The husband should not use masturbation as a means to collect sperm. Instead Shari’ah allows coitus interruptus as well as masturbation of the husband by the wife.
c) Surrogacy should not be resorted to. That is, once the sperm and the ova are fertilized, this matter should not be implanted into the womb of another woman who will act as a surrogate mother for the couple. This is sometimes done when the infertile mother has too weak a womb to carry a pregnancy to its term. The fertilized eggs must go back into the womb of the mother.

If the above conditions can be applied then it will be permissible for a couple to resort to IVF as a means of conceiving children. Muslims should not go beyond the limits set above. Rather resign oneself to the Decree of Allah than flouting His Law.

And Allah Ta’aala knows best

Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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