Issues of artificial insemination, etc.

9-5-2004 | IslamWeb

Question:

Please, I need answers to the following questions urgently:
(1) What is the position of Islam on assisted child reproduction - the medical process of taking sperm and inserting it into a woman to fertilize her eggs?
(2) What is the Shariah law vis-a vis inheritance for a child born through the process of taking someone's sperm other than the husband who had a problem with his sperm to fertilize his mother's eggs? Can he inherit his mother's husband, although the sperm donor doesn't normally know the recipient?
(3) Is it an act of Zina (adultery/fornication) to donate sperm other than that of the husband to another woman?
(4)Can Zakah money be used to build schools or mosques?

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Answer:

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

 

Inserting sperm of a man other than the husband into the womb of a woman is forbidden since it violates the personal rights and leads to the mixing of lineages.  Injecting one’s sperm in a womb other than the wife’s is like Zina; hence one should avoid that sin.  In this case, the child born from that injection is not traced back to the husband of the woman but he is traced to the woman and the child and his mother get all the mutual rights, i.e. inheritance, being Mahram, etc.

This practice is not real Zina so the Hadd (punishment) of Zina is not enforced on the person.  But it is similar to Zina since it ends up in mixing lineage and having illegitimate children who cannot be traced back to their father.   The mentioned practice is forbidden as mentioned in the resolution passed in the fifth section of Islamic Fiqh Council of Muslim World League held 1402 D.H.  The same ruling is passed in the resolution of the Fiqh Council held in 1407H in Kuwait.

And regarding Zakah money used to build schools or mosques, please read the Fatawa: 86950 and 81303.

 

Allah knows best.