Islamic Normative Principles Underlying Fatwas on Assisted Reproductive Technologies: Al‐Azhar Fatwa on Artificial Insemination ¹

Assisted reproductive technologies (ARTs) have changed our understanding of procreation in drastic and fundamental ways. Most importantly, by transforming reproduction from being a natural vivo function into technical vitro process, ARTs introduced solutions to many infertility problems increased the degree control over results that process. They equally raised numerous ethical, legal, social questions demand serious reflection require revision wide range family-related concepts, laws, doctrines. Within Muslim context, Islamic law has always played an important role development ethical norms, especially ones inform practical facing individuals their lived realities. Fatwas served as main mechanism through which qualified jurists address ethical-legal articulating sharīʿah position reflects, opinion, divine will concerning related issues. By capturing accommodating emerging societal needs, fatwas been vital not only historical but also ongoing reformulation legal rules. are generally considered most resource for religious-legal guidance, particularly new novel including area biomedicine. One deal with assisted was issued 1980 former rector al-Azhar Sheikh Jād al-Ḥaqq ʿAlī al-Ḥaqq.22 See al-Fatāwā al-Islāmiyyah min Dār al-Iftāʾ al-Miṣriyyah, 20 vols. (Cairo: al-Majlis al-Aʿlā lil-Shuʾūn al-Islāmiyyah, 1993), 9: 3213-3228; 39 2012), 15: 56-71 (reference this fatwa well other be made second edition al-Miṣriyyah). al-Ḥaqq, Bayān lil-Nās al-Fārūq lil-Istithmārāt al-Thaqāfiyyah, 2014), 627-639. The is one earliest articulations reflections on issue, it published soon after successful birth first test tube baby 1978.33 Steptoe, P. C. R. G. Edwards. “Birth Reimplantation Human Embryo,” Lancet (1978), 366. This paper examine view investigate its importance, significance, impact subsequent discussions. Although deals primarily artificial insemination does all applications directly, serves starting point discussions within broad ART. identifies some norms moral thought ART applications. In addition concepts pertaining lineage family relationships, touches core theological assumptions human nature creation. extent inspired bioethical discourses both Egypt throughout (mainly Sunni) world.44 For more distinction between Sunni Shīʿī perspectives modern issues, see Marcia Inhorn Soraya Tremayne, eds., Islam Reproductive Technologies: Shia Perspectives (New York: Berghahn Books, 2012). fatāwā collection under title “human insemination” (al-talqīḥ al-ṣināʿī fī al-insān). author fatwa, born 1917, village Baṭra Nile delta region north Egypt. Upon completing his higher studies at al-Azhar’s Faculty Sharīʿah Cairo 1945, he appointed Courts subsequently joined judicial official 1956. He continued work Ministry Justice until appointment head mufti (Mufti Egypt) August 1978. remained than three years Minister Religious Endowments January 1982. After few months assumed Grand Imam or Rector March 1982, held fourteen death 1996.55 1:51-2. importance lie solely fact topic nor distinguished profile author. Other factors include rootedness pre-modern juristic discussions, comprehensive scope, had ART-related fatwas. brief overview issues addresses, explore detail each these respectively. A translation full text provided end. singles out issue insemination, comprises answers seven several ranging different scenarios moral-religious status parties involved procedures. give detailed information about identity questioner, statement indicating received inquiry without specifying whether sent individual institution. structure questions, however, impression they were formulated medical specialist.66 recent interview (published 18, 2019) occasion receiving national award, renowned physician Gamal I. Serour, professor obstetrics director International Center Population Studies Research University noted shortly Louise Brown, test-tube England 1978, approached who serving Mufti time, asked him procedure permissible. According Dr. requested further clarifications then promised studying received. Serour indicated response submitted time. https://akhbarelyom.com/news/newdetails/2897280/1/قصة-طبيب-مع-الشيخ--جاد-الحق--حول-فتوى--أطفال-الأنابيب-..-فيديو. Professor co-founder (together Mohamed Aboulghar Ragaa Mansour) fertility center 1986. IVF (girl, named Heba Mohammed) 1987. Egypt, Inhorn, Local Babies, Global Science: Gender, Religion Vitro Fertilization Routledge, 2003), 3. G.I. M El Ghar, T. Mansour, “In Embryo Transfer Egypt,” Journal Gynecology Obstetrics 36 (1991), 49-53; “Islamic Reproduction,” Biomedicine Online 17 (2008), 34-38. general introduction formation, provides listed below. question concerns permissibility married couples. response, points dimension marriage, objective marital relationship. principle, pregnancy should result normal intimate relationship unless becomes difficult process due disease defect. cases, if undertaken use husband’s semen any doubt replacement mixture another man animal, permissible according sharīʿah. If fetus completion assigned term, attributed husband light what classical decreed regard case wife impregnates herself inserting her vagina sexual intercourse. unmarried couples either because produce defective. notes prohibited confusion lineages. It leads misattribution child stranger (whose fertilization). Moreover, bears resemblance act adultery, Qurʾān Sunnah Prophet, terms meaning consequences. third couple achieve help egg-donor. observes involves fertilization woman’s egg stranger. Like previous case, adultery violates Qurʾānic description tilth (ḥarth) (2:223) strange woman takes place. fourth investigates poses two scenarios. scenario fertilized deposited (same) uterus. considered, similar discussed question, long used belongs husband. Another stipulation existence need resort following advice experienced trustworthy physician. reason given children among enjoyments life. seeking treatment, treatable conditions cases infertility, involve items certain treatment can even obligatory preservation life infertility. uterus animal (in possible) lieu temporarily before likely affected environment would acquire characteristics remains animal’s term extracted while placed Since changing original form created, deemed corruption (fasād) therefore prohibited. fifth religious-moral approves procedure, adopts procedures, keeps she inseminated man. confirms pursuing procedures Adoption allowed either, offspring ban adoption Islam. sixth pertains foundling (laqīṭ). father attached mother, outside marriage adulterous seventh undertakes field exercise extreme caution. performs sinful illegitimate. addressed earlier premodern periods. jurists, impregnation manual insertion physical contact. try identify relevant scriptural sources normative principles, seeks unearth corpus provide linkage precedents tradition. giving philosophy governing particular, begins references manuals, mainly Shāfiʿī Ḥanafī schools possibility means consequences observe waiting period verify termination assessment paternity-related claims. draws heritage, (ʿiddah) divorce husband, remarry. pregnant, wait gives birth. obligation establishment consummation least proving private meeting could happened (khalwa). debated obligated inserts sperm actual seems sources, commentaries famous substantive eminent jurist al-Nawawī (d. 676/1277).77 Muḥyī al-Dīn Yaḥyā ibn Sharaf al-Nawawī, Minhāj al-Ṭālibīn wa ʿUmdat al-Muftīn, ed. Muḥammad Ṭāhir Shaʿbān (Jeddah: al-Minhāj, 2005), 445. Reference Ibn Ḥajar al-Haytamī 973/1566) entitled Tuḥfat al-Muḥtāj bi-Sharḥ commentary al-Nawawī’s al-Ṭālibīn. cites combined glosses: ʿAbd al-Hamīd al-Shirwānī 1301/1884) Aḥmad Qāsim al-ʿAbbādī 992/1584). al-Ḥamīd al-ʿAbbādī, Ḥawāshī al-Muhtāj 10 al-Maktabah al-Tijāriyyah al-Kubra, nd) 8: 230-1. sources,88 source refers Radd al-Muḥtār Damascene ʿĀbidīn 1836). Amīn ʿĀbidīn, ʿala al-Durr al-Mukhtār Sharḥ Tanwīr al-Abṣār, ʿĀdil al-Mawjūd Muʿawwaḍ, 13 (Riyadh: ʿĀlam al-Kutub, 2003). reference texts. al-Muḥīṭ al-Burhānī Mazah 616/1219), Burhān Maḥmūd al-ʿAzīz Mazah, al-Fiqh al-Nuʿmānī (Beirut: al-Kutub al-ʿIlmiyyah, 2004). al-Baḥr al-Rāʾiq Zayn Nujaym 970/1563), Ibrāhīm Nujaym, Shaḥ Kanz al-Daqāʾiq 1997). al-Nahr al-Fāʾiq Sirāj al-Din (the younger brother al-Dīn, d. 1005/1596), ʿUmar 2002). cited advances sciences, botany zoology. example, collection, Shaltūt 1963) makes experiments plants animals hand humans.99 exact date indicated. Shaltūt, al-Fatāwā: Dirāsah li-Mushkilāt al-Muslim al-Muʿāṣir Ḥayātih al-Yawmiyyah al-ʿĀmmah al-Shurūq, 2004), 279-82. such efforts justified grounds aim improve crops species, trials cannot done humans relations. undertaking eugenic purposes condemned religious grounds. overcome barring conception when framework valid relationship, taking necessary precautions ensure Resort useful fulfill children, associates marriage. discussion formation embryo (76:2; 86:5-7). includes mistake. order took place insertion, same way gets doubtful intercourse mistake period.1010 divorcee would. already married, Qudāmah, al-Mughnī, 15 vols., Allāh al-Muḥsin al-Turkī al-Fattāḥ al-Ḥulw 3rd ed., 1997), 11:196. disagreed pregnant Ḥanafis argued physiognomist (qāʾif) consulted settled basis expert 11:172; al-Muhtāj, 10: 350-1; Shams al-Khaṭīb al-Shirbīnī, Mughnī la-Muḥtāj ila Maʿrifat Maʿānī Alfāẓ Khalīl ʿītānī, 4 (Beirūt: al-Maʿrifah, 4:649. notes: “and shows clearly (earlier jurists) acknowledgement deposition usual method (sexual intercourse) impregnation. supports well-known principle occurs placement uterus) process.”1111 al-Fatāwā, 279. passage used, how built expanded preceding Shaltūt.1212 al-Muḥtār, 5:198. comparison situation comes quite close violating sacred bond still type equated stipulated punishment applicable it. Finally, compares adoption. donor worse combines negative aspects adultery.1313 282. perspective offered Egyptian Abū Zahrah 1974). compilation reveals occasions, course prior impressive witnessed late 1970s.1414 Zahrah, Fatāwā al-Shaykh ʿUthmān Shubayr (Damascus: al-Qalam, 2010). editorial details contributions indicate magazine Liwāʾ al-Islām during 1950s 1960s. Zahrah’s show up 1960s, meant direct injection uterus, normally contribution, reader Indonesia, along answer September 1957. presents did trying hard pregnancy. help, suggested someone (ajnabī) device extracting device. questioner began asserting using else strictly With noted: “We do find texts anything against and, therefore, we deem religiously there no it, uncovering parts, revealed legitimate need. present (that describes), obvious.”1515 826-7 reiterated must come Using immediately raise adultery. sanction conditional excuse defect deficiency couple. request female editor magazine, published, November 1961. letter editor, commenting newspaper article month (Ḥawwāʾ) journalist insemination. denounced Amīn’s understood endorsing practice. acknowledging news increasing popularity sperm, United States. From perspective, noted, practice unacceptable reasons. paternity lead harm inflicted knowledge. relationships amount family.1616 827. mentioned explicitly reader’s letter, debate stirred concentrated involving alluded discussion. participation convened discuss reports babies West. written report meeting, included specialists December 1964.1717 828. caused public controversy inflated claims scientists’ ability create closer investigation, indicated, stories ex fertilization.1818 At end added clarify scientific discovery reported stories: summary, clear newspapers exaggerated. All scientist tried combine gamete lab. ovum transferred grew died. Nothing indicates seeds located creation God, glory Him,” 831. history W. Ombelet J. Van Robays, “Artificial Insemination History: Hurdles Milestones,” Facts, Views, Vision 7:2 (2015), 137-143. As pointing idea entirely manuals.1919 rural areas, practices sometimes assist women experiencing difficulty achieving These often secretly older guise folk traditional medicine. soaking piece wool cotton healthy individuals, inserted treatment. perhaps reasons why viewed suspiciously scholars. seen equivalent back door resolve problems, expense explicit 829-30. adds seem qualify commentary, interactive format collective exchange views experts jurists. impermissibility (AID) those undertake liable appropriate discretionary (taʿzīr), rules sharīʿah.2020 830. emotional psychological AID West, kept anonymous. far (AIH) concerned, blanket approval started discussing (lā baʾs bih), expressed participating scholar (referred al-Bannā). commended phrasing drew background emphasize paying careful attention methods construction. take avoi