Sharia Perspectives on Artificial Insemination: Exploring Permissibility and Ethical Considerations by Prof. Mustafa Mohaghegh Damad

Prof. Mustafa Mohaghegh Damad
(The Academy of Sciences of Iran)

Infertility has become a pressing issue in modern society, prompting the use of "artificial insemination" as a viable solution. This term refers to the process of facilitating the fusion between male sperm and female eggs, utilising medical devices or alternative methods excluding intercourse and sexual intimacy, to enhance fertility and promote conception. Artificial insemination is practiced in two forms:

1. Complete Artificial Insemination: Prepared sperm is placed directly inside a woman's reproductive tract to help with fertilization. This is subdivided into: i) Intrauterine Insemination (IUI): Sperm is placed into the uterus using a thin tube during ovulation.

ii) In Vitro Fertilization (IVF): Eggs are taken from the woman's ovaries and fertilized with sperm in a laboratory. The resulting embryos are then put back into the uterus.

2. Incomplete Artificial Insemination: These methods assist with fertilization, but sperm isn't placed directly inside the woman's reproductive tract. An example is Intracytoplasmic Sperm Injection (ICSI) where a single sperm is injected into an egg in a laboratory, and then the fertilized egg is transferred to the uterus. Another example is Gamete Intrafallopian Transfer (GIFT) where eggs and sperm are collected and placed into the fallopian tubes, allowing natural fertilization to happen inside the woman's body.

However, from an Islamic legal perspective, artificial insemination does not possess a historical precedent. Therefore, it is not explicitly mentioned in Islamic scripture, principles, laws, or traditions. To ascertain its permissibility within Islamic jurisprudence, Muslim jurists require specific supporting evidences or references. Some arguments have been presented in support of artificial insemination based on general jurisprudential rules, as well as narrations referring to a third party becoming pregnant by coming into contact with sperm without sexual intimacy. These instances can provide a basis for inferring the ruling for artificial insemination within the broader framework of Islamic jurisprudence.