EXAMINING THE LEGALITY OR OTHERWISE OF ASSISTED REPRODUCTIVE TECHNOLOGY UNDER ISLAMIC LAW

Abstract

This paper discussed the legality or otherwise of Assisted Reproductive Technology under Islamic Law. The types of AssistedReproductive Technology such as artificial insemination, in-vitro fertilization, sperm donor/ova bank, surrogacy, artificialembryo nation and cryoperservation have been critically examined in this work with a view to discovering whether all or anyof them is in conformity with tenets and principles of Islamic Law. The paper revealed that Islam gives strong and unequivocalemphasis to high fertility and also encourages marrying fertile women. It also encourages treatment of any kind of sicknessincluding infertility. To that extent, any kind of Assisted Reproductive Technology can be performed if it is in consonance withprinciples of Islamic Law. The writer’s major finding is that apart from surrogacy which is unanimously prohibited, all othertypes of Assisted Reproductive Technology is permissible so long as the egg from the wife is fertilized with husband’s spermand the fertilized embryo is transferred back to uterus of the same woman by an expert physician during the subsistence of themarriage between the two spouses. The paper recommended the use of any types of Assisted Reproductive Technology apartfrom surrogacy for the couple especially those who are genuinely suffering from infertility.