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Ruling on Planting Fertilized Egg after Passing Away of Husband

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
A husband and wife fertilized an egg and agreed on planting it in the wife`s womb, but couldn`t do so due to the spread of corona virus pandemic, so the fertilized egg remained stored in fertility clinic at the hospital. Now, the husband has passed away and the wife would like to have the fertilized egg planted in her womb. Is it permissible for her to do so since families of both spouses were aware of that and it was documented by the fertility clinic staff of that hospital?

Answer:

All perfect praise be to Allah, The Lord of The Worlds. May His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

 Giving birth unnaturally by means of artificial insemination isn`t permissible save in case of necessity. Accordingly, the egg must be taken from the wife and the sperm must be taken from the husband, then the fertilized egg must be planted in the uterus of the wife herself. All of this must take place while the couple are actually living together by virtue of a valid marriage contract.

Article, (157/B) of the Jordanian Personal Status Act states: "A child`s affiliation to his/her father isn`t established save through: 

1-The marriage bed 

2-Declaration of paternity 

3-Witness testimony

In conclusion, it is forbidden for a woman to conduct artificial insemination after death of husband and conceal his death to complete that procedure. This is because marital relationship ends by divorce or death of spouse. And Allah the Almighty knows best.

This answer was collected from the official government Iftaa Department of Jordan.

Find more answers indexed from: Darul Iftaa Jordan