Examining the Legality or otherwise of Assisted Reproductive Technology Under Islamic Law

ABSTRACT

This paper discussed the legality or otherwise of Assisted Reproductive Technology under Islamic Law. The types of Assisted Reproductive Technology such as artificial insemination, in-vitro fertilization, sperm donor/ova bank, surrogacy, artificial embryo nation and cryoperservation have been critically examined in this work with a view to discovering whether all or any of them is in conformity with tenets and principles of Islamic Law. The paper revealed that Islam gives strong and unequivocal emphasis to high fertility and also encourages marrying fertile women. It also encourages treatment of any kind of sickness including infertility. To that extent, any kind of Assisted Reproductive Technology can be performed if it is in consonance with principles of Islamic Law. The writer’s major finding is that apart from surrogacy which is unanimously prohibited, all other types of Assisted Reproductive Technology is permissible so long as the egg from the wife is fertilized with husband’s sperm and the fertilized embryo is transferred back to uterus of the same woman by an expert physician during the subsistence of the marriage between the two spouses. The paper recommended the use of any types of Assisted Reproductive Technology apart from surrogacy for the couple especially those who are genuinely suffering from infertility.

Keywords: Infertility, In-Vitro Fertilization, Surrogacy, Artificial insemination, Cryopreservation.

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