Applicability of Artificial Insemination and Surrogacy Under Islamic Law

Procreation is part of the divine plan, and this is spelt out clearly in the Quran. Although most Muslim couples look forward to having children, not all are blessed with children. Though the invocation of Allah (s.w.t) may be their first response, there are other means by which Muslims in different parts of the world have responded to this problem. While some resort to adoption, others resort to polygamy, and some resort to the use of Assisted Reproductive Technology (ART). This work analyses the ART methods, especially Artificial Insemination and Surrogacy, by explaining the methods, procedures, regulatory framework, and success rates. It also examines ART validity under Islamic law and conditions precedent, if any, that families must satisfy before they can engage in any of the methods of assisted conception. The primary sources of Shari’a law, which are Qur’an and Sunnah, and the secondary sources, which are Ijma and Qiyas, were adopted while discussing the Islamic view on Artificial Insemination and Surrogacy. Works of scholars in this area were also analyzed and juxtaposed in line with Islamic injunctions and textbooks, journal articles, and other relevant literature were utilized in this paper. This paper finds that Artificial Insemination, along with a few assisted reproductive techniques, are permissible as remedies to infertility as long as they are not predicated on frivolous medical reasons and are devoid of any introduction of a third-party donor. Regarding Surrogacy, the paper finds it illegal and not permissible under Islamic Law. This paper recommends that Muslim families who have difficulties conceiving can resort to fostering children or adopting children. It also recommends that where the husband happens to be the victim of infertility, and the legal method of Artificial Insemination and In Vitro Fertilization is impossible because of his infertility, the wife should be allowed to choose to stay with him and accept her fate, or seek divorce based on his defect.