Muslim jurists’ Opinions on Modern In Vitro Fertilization (IVF) Practices: Its Health and Social Implications on Mothers

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Fourth International Conference on AdvAnces in women’s studies 2017

2.  Like other jurists around the world, Muslim jurists
addressed social, health and ethical dimensions of IVF.
 They have agreed on certain aspects of IVF, however
differed on certain other dimensions of these practices.
 For instance, because IVF for unmarried couples violates the honour
and the purity of family linage (nasal), which is one of the five major
objectives of the Islamic Divine Law, Muslim jurists have
unanimously prohibited this type of IVF.
 with regards to IVF for married couples, there are some jurists who,
due to various reasons, opposed to it, while others permitted it for
married couples with a continuing marriage contract but with certain
conditions
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6. • The jurists, who permitted IVF for married couples, did so, as long as the techniques of
assisted fertilization fulfil the following conditions;
a. There must be a need for artificial insemination; this is to say that in the instance
whereby the intended parents are unable to fertilize in a natural way, then fertilization by
means of artificial insemination is sought.
b. Artificial insemination is permitted only for married couples who wish to have children
but are unable to conceive. This process takes place during and within the marriage
contract.
c. The permission of the intended father and mother to artificially inseminate their egg and
sperm and fertilize should be obtained prior to the artificial insemination and fertilization
process.
d. The process of artificial insemination, as well as fertilization of the egg must take place
during the marriage contract.
e. The egg and the sperm should be received from the intended parents in a dignified
manner, such as ‘azl (withdrawal), so that doubtful methods are avoided.
f. Finally the necessary measures to secure such process must be taken by respective
medical doctors and nurses, so that all forms of negligence and carelessness or
maltreatment of the sperm, and the egg, which can lead to family lineage confusion are
avoided.
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