Fatwa
On the usage of additional reproductive technologies in the treatment of barrenness
In Allah’s name, His mercy is infinite and eternal! Hoping on the Single God, the Posessor of true knowledge and wisdom, I pray to Him for strength and skills to express a humble judgement that would correspond to the truth of God’s Word, and not to the temporal knowledge of this age.
Childlessness or barrenness (the same as the birth of a child and further upbringing of the child) is a testing from the Lord. Accepting this testing with meekness and humbleness, hoping on the mercy and blessing of the Lord, He is cognizant of all that is beyond human mind and power, - this is the destiny of those who fear God and are firm in their faith. Even prophets and righteous people did not escape such trials and temptations – Prophet Ibrahim (Abraham) just as the mother of Virgin Mary did not have children until they were well advanced in years. But infertility is a sign which is followed by a consolation, for the blessing of the Merciful Creator is promised to those who stand the test without losing heart. This was proved when Abraham (peace be upon him) and the mother of Virgin Mary were given good children.[1]
But “Allah desires your well-being, not your discomfort” (the Holy Qur’an, 2:185). One of the main Shariat principles is the satisfaction of man’s needs, facilitating his life. Proceeding from this Islamic law aims at providing man with the preservation of five fundamental values: (1) religion, (2) life, (3) reason, (4) honour, dignity and the reproduction of kin, (5) property. These values define Islamic approach to barrenness as well.
If a thorough medical examination reveals the reasons of barrenness which can be removed through a medical cure, it is necessary and permitted, according to Islamic theologians, to resort to various forms of treating this illness which would not violate the original human nature. Prophet Muhammad (may the Lord greet and bless him) said:”Have a treatment, Allah’s servants! The Lord created illnesses and medicines against them. Only old age is an incurable illness”[2].
In case if traditional methods of the treatment of barrenness turn out to be ineffective and there is medical evidence for the impossibility of using any other method due to the age and individual peculiarities of the spouses, it is permissible to resort to additional reproductive technologies including extracorporal fertilization.[3]
The extracorporal insemination should be limited to one family: only the spermatozoa and the ovule of husband and wife can be used for insemination. Any use of donor spermatozoa and ova is prohibited (haram)[4], for it contradicts Islamic religious and moral norms and damages the sanctity and unity of marriage bonds admitting the participation of the third side in the family-marriage relationship.
Using donor spermatozoa and ovule leads to the infringement of both the pedigree and the genetic code of a family. Considering this issue Islamic theologians and lawyers draw analogies with adoption and adultery.
The Holy Qur’an prohibits adoption if adopted children take the name of the adoptive father:”Allah does not regard your adopted sons as your own sons. These are mere words which you utter with your mouths... Name your adopted son after their fathers; that is more just in the sight of Allah. If you do not know their fathers, regard them as your brothers in the faith and as your wards[5]” (the Holy Qur’an, 33:4,5).
Moreover, the usage of donor spermatozoa and ova in the extracorporal insemination is defined by the fakihs as a fornication, an unusual adultery, however: in both cases the unity of marriage ties is damaged (a woman bears in her womb the spermatozoa of a man who is not her legitimate husband), the pedigree of the family is violated, and it leads to the difficulty of defining the true father and mother of the future child.
The implementation of additional reproductive technologies in the cure of infertility raises the question of the status of the human embryo. The most viable from medical aspect human embryos from those that were obtained as a result of an extracorporal insemination, are implanted in a woman’s uterus, while the other embryos are annihilated. How does Shariat consider the issue: can the annihilation of human embryos be regarded as an attempt on the life of a future man?
The stand of Muslim theologians on the matter is based on the Holy Qur’an, in which the Single God revealed to man the mystery of the conception of human life as far back as over 1400 years ago long before the achievements of modern medicine and genetics.
The Single and Powerful Creator of the world says in His Revelation:
“Men, if you doubt the Resurrection remember that We first created you from dust, then from a living germ, then from a clot of blood, and then from a half-formed lump of flesh, so that We might manifest to you Our power. We cause to remain in the womb whatever We please for an appointed term, and then We bring you forth as infants...” (the Holy Qur’an, 22:5).
“We first created man from an essence of clay: then placed him, a living germ, in a safe enclosure.[6] The germ We made a clot of blood, and the clot a lump of flesh. This We fashioned into bones, then lothed the bones with flesh, thus bringing forth another creation.[7] Blessed be Allah, the noblest of creators!” (the Holy Qur’an, 23:12-14).
The Prophet of the Single God Muhammad (may the Lord greet and bless him) who was given knowledge by the Creator, said:”Verily, every man is created in the womb of his mother during forty days from a living germ, then from a clot of blood during the same period, and then from a lump of flesh during the same period, and then Allah sends an angel to him [the embryo] and the angel breathes a soul into the embryo” (a hadith from Ibn Mas’ud; the holy ahadith from al-Bukhari, Muslim, Abu Daud, an-Nassai, at-Tirmizhi and Ibn Madj).[8]
Thus, after 120 days after the conception God sends an angel who breathes a soul into the embryo and it acquires a soul and life. Hence the status of the embryo changes: the emerged human soul makes the embryo a fully fledged living creature.
All Islamic theologians are of the unanimous opinion (idjma’) that on the expiration of this term the abortion of the embryo is strictly forbidden (haram) and is a serious crime. The selection and annihilation of the embryos, that have not been found proper for an artificial insemination, before the term expires (which is actually implied in case of extracorporal fertilization) is permissible, provided the following criteria are met:
- originally it is necessary to fertilize if possible the minimum number of ova, so that the number of embryos, placed in the womb, may not be excessive;
- if the number of viable embryos appears to be too large, the rest is left without medical interference calculating on the natural stoppage of the cell division and without any further usage;
- the usage of redundant embryos as donors for the treatment of other infertile spouses is prohibited.[9]
As for the cases of a multiple pregnancy[10], when according to medical testimony it is necessary to extract one or several embryos (for example, the carriers of dangerous hereditary diseases), Islamic theologians think that pregnancy can be terminated in case of urgent need before the 120 -day term expires.
Yet the theologians of various schools of thought have certain differences.
The fakihs of the Hanafi and the Hanbali schools of thought believe that abortion before the expiration of the above mentioned term can be performed only in urgent cases.
The fakihs of the Maliki school of thought assert that abortion is not permissible even during the first forty days after the conception.
The fakihs of the Shafi’i school of thought admit abortion during the first forty days after the conception if both spouses give their consent to it and if the operation does not influence negatively the reproduction abilities of the spouses; after the first forty days abortion is strictly forbidden.
As far as the abortion after the expiration of the 120 -day term is concerned all theologians are unanimous (idjma’) that it is forbidden (haram) and is regarded as a murder. According to the unanimous opinion (idjma’) of all Muslim theologians the termination of pregnancy at any stage is not advisable. Yet according to the Shariat principle “the necessity makes the prohibited permitted”, in cases of urgent need; for example, when the life of the future mother is endangered or if doctors express founded fears that the future child may acquire serious or incurable diseases, pregnancy can be terminated.[11]
The so called “surrogate” maternity[12] is one of the methods of additional reproductive technologies. In this connection Islamic theologians draw our attention to the fact that when the third person (apart from father and mother) is involved in the birth of a child, maternal functions are shared by two women: the bilogical mother (whose ova are used in the fertilization and who brings the child up) and the surrogate mother (who bears the child, brings him into the world and, probably, feeds the suckling during one year or more). According to the Holy Qur’an it is the latter that defines a woman as a mother:
“We enjoined man to show kindness to his parents, for with much pain his mother bears him and he is not weaned before he is two years of age...” (the Holy Qur’an, 31:14);
“We have enjoined man to show kindness to his parents. With much pain his mother bears him, and with much pain she brings him into the world. He is born and weaned in thirty months” (the Holy Qur’an, 46:15).
Thus, surrogacy raises the question of defining the true mother of the child, which has certain religious, ethic and legal aspects.
Moreover, the fakihs mention probable undesirable consequences of the wide use of this method: well-off families will no longer want to take the trouble of pregnancy and child-bearing, and will be able to have up to twelve children per year, for the organism of a healthy woman develops every month one ovule ready for the process of conception, etc.Yet proceeding from the wish to facilitate human life- to give barren women the possibility to feel the joy of maternity – and to create for barren couples necessary conditions for reproduction, provided that this is the only and last possibility to have a child for a childless couple, Islamic theologians permit the method of surrogate motherhood. In this case the following obligatory requirements are to be met:
- the donor woman (the surrogate mother) must be married;
- the consent of the husband of the donor woman, who decided to bear a foreign child, is obligatory;
- before the introduction of an embryo the donor woman must wait for three menstrual periods (about three months) without having sexual intercourse with her husband in order to make sure that she is not pregnant by her husband;
- all expenses (nutrition, medicines, etc.) of the donor woman during pregnancy (nine months), during the period of childbed (about forty days) are covered by the father of the child;
- the child and the woman, who has born him, fall under the canonical bans imposed on kindred marriages, analogous to the bans dealing with mother and child;
- the woman, who has born the child, has the right to insist on that the suckling should be fed with her milk, in order not to suffer physical pains and prevent the baby to be fed with artificial milk.[13]
Implementing additional reproductive technologies in the treatment of barrenness one should bear in mind that the wish to have a baby at any cost, the emaciation of the woman’s organism with numerous medical stimulations is the manifestation of human selfishness and may result in negative consequences for the health of the woman. One should take into consideration that the methods of additional reproductive technologies have been elaborated by the modern medicine only recently. The further consequences of their implementation have not yet been defined: won’t be the children born by barren parents as a result of medical interference suffer sterility themselves, for the oldest children, born with the help of these technologies, are getting to the childbearing age now, nobody of them has had their own children yet.
A great wisdom is contained in the words of the Holy Qur’an:”To Allah belongs the kingdom of the heavens and the earth. He creates what He will. He gives daughters to whom He will and sons to whom He pleases. To some He gives both[14] sons and daughters, and to others He gives none at all. Mighty is Allah and all-knowing” (the Holy Qur’an, 42:49, 50).
The temptation of excessive interference with the laws adopted by the Creator results from the instigations of the damned and outcast Satan, for he had said:”I shall order them to tamper with Allah’s creation” (the Holy Qur’an, 4:119).Here is God’s admonition to the well-minded people:”Evil has become rife on land and sea as a result of man’s misdeeds. Allah has ordained it thus for men, so that they may taste the fruit of their own works and mend their ways” (the Holy Qur’an, 30:41).
I beg God, He is the Compassionate and the Merciful, to accept this work which has been produced only with the hope for His kindness and forgive me my probable mistakes and sins, for the only intention I had was to bring good to people who follow His path, He is worshipped by everyone and everything that is in heaven and on earth.
[1] What is meant is the birth of Ismail and Isaak, as well as the birth of Virgin Mary, mother of Jesus.
[2]See: As-Suyuty Dj. Al-djami’ as-sagyr. P. 196, hadith ¹ 3271, “sahih”. A hadith from Ussama ibn Sharik; the holy ahadith from Abu Daud, an-Nassai, at-Tirmizhi, Ibn Madj, al-Hakim, Ahmad and Ibn Habban.
[3] Extracorporal fertilization – the so called “artificial” insemination of the ovule with a spermatozoon out of a woman’s body, executed in various cases of barrenness.
[4]See: Az-Zuhayli W. Al-fiqh al-islami wa adillyatuh: 11 volumes. Volume 4, p. 2649; al-Qardawi U. Fatawa mu’assyra. Volume 1, p. 567.
[5] The qur’anic text contains an Arabic word combination “mawalikum” which has a wide range of shades of meaning. According to the theological comment in this context the adduced word combination is equal to the word “awliyaukum” that can be translated as “one’s nearest,closest, most related people” (compare, for example, “waliyula”, “awliyula” – “he who is close to God [due to his piety and righteousness]”).
[6] I.e. in the womb.
[7] After the ensoulment the embryo acquires a completely new status. The word combination “a new creation” implies the new state of the embryo.
[8] See: As-Suyuty Dj. Al-djami’ as-sagyr. P. 133, hadith ¹ 2179, “sahih”.
[9]A detailed conclusion on the subject is given in paper ¹ 6/6/57 of the theological conference held on 14-20 March 1990 in Jidda (Saudi Arabia). See also: Az-Zuhayli W. Al-fiqh al-islami wa adillyatuh: 11 volumes. Volume 4, p. 5180, 5181.
[10] A multiple pregnancy presupposes that several independant embryos grow and develop in the womb of a woman. When the method of the extracorporal fertilization is used, it is also possible to introduce at once several embryos, so that in case of a failure one doesn’t have to introduce another embryo.
[11]See: Az-Zuhayli W. Al-fiqh al-islami wa adillyatuh: 11 volumes. Volume 4, p. 2646-2648.
[12] Surrogacy is the means of overcoming the barrenness of a woman who cannot bear and have a child. In this case the ovule of the barren woman, fertilized with the sperm of her husband, is implanted in the uterus of a woman able to bear and have a child (this woman is called a surrogate, “subsidiary” mother).
[13]The requirements have been formulated in the decree of the Islamic theological conference held on 11-16 October 1986 in Amman (Jordan). See: Az-Zuhayli W. Al-fiqh al-islami wa adillyatuh: 11 volumes. Volume 4, p. 5099, 5100; al-Qardawi U. Fatawa mu’assyra. Volume 1, p. 567-574.
[14] The verb “zawwadja” used in the qur’anic text means “to unite”, “to join”. That is why the ayah may mean both “the unificatioin” of two foeti of different sexes in the mother’s womb (for example, twins) and the consequtive birth of sons and daughters in a family.
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