Artificial Insemination in Shari’ah: A Case of Test-Tube Baby in Shari’ah and Its Legal Status in Pakistan

Pakistan Annual Research Journal, 2017

14 Pages Posted: 21 Feb 2018

See all articles by Muhammad Mehmood

Muhammad Mehmood

International Islamic University of Malaysia (IIUM)

Date Written: December 20, 2017

Abstract

Artificial Insemination (AI) is the process of reproduction in which sperms are placed in the female reproductive tract (uterus) by a medical method without sexual intercourse. There is no clear verse in the Qur’an and sayings of the Prophet (Hadith) on the issue of AI. Because of this reason, Islamic jurists are divided based on their opinions. According to the 'fatwas' of the majority of jurists, AI is legal and complies with Shari’ah if the process is conducted among wedded couples. Although, the process of AI, according to these Islamic jurists is allowed, however, there are many issues of controversy which have arisen as the medical viewpoint of this method of reproduction is not clear and the legal issue starts if the sperm is taken from a third party. The Pakistan Islamic Ideology Council is established to issue 'fatwas' on different controversial matters. As an Islamic country, a decision-making body is also established in the form of the Federal Shari’ah court which Islamizes the existing laws and makes legislation on different current issues. Also, the issue of a test tube baby has been explained in detail in the decision of federal shari’ah court of Pakistan. This paper seeks to examine the issue of AI from Shari’ah perspective, the opinion of Islamic jurists (fatwas), and the legal status of a test tube baby in Pakistani law.

Keywords: Artificial Insemination (AI), Artificial Insemination by Husband (AIH), Artificial insemination by Donor (AIH), Adultery (Zina), Islamic Law (Shari’ah), Opinion of Islamic Jurist (Fatwa)

Suggested Citation

Mehmood, Muhammad, Artificial Insemination in Shari’ah: A Case of Test-Tube Baby in Shari’ah and Its Legal Status in Pakistan (December 20, 2017). Pakistan Annual Research Journal, 2017, Available at SSRN: https://ssrn.com/abstract=3126694

Muhammad Mehmood (Contact Author)

International Islamic University of Malaysia (IIUM) ( email )

Malaysia

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