TEST TUBE BABY - Shariah ruling about In Vitro Fertilization
Author: Mufti Hafidh Syed Ziauddin Naqshbandi Qadri,
Professor, Islamic Law, Jamia Nizamia,
Founder/Director Abul Hasanaat Islamic Research Center.
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>> Introduction
>> Why IVF is needed
>> Diseases on the male side
>> Diseases on the female side
>> Shariah ruling about masturbation to gain semen
>> Clarifications by the Fuqaha in regard to masturbation
>> Shariah ruling about IVF and masturbation
>> Nudity for the sake of gaining the ovum of the lady or to put them back
>> Shariah ruling about using IVF for conception
>> Juristic clarifications and minutiae - Favor of Fuqaha on the Ummah
>> Minutiae in the canons of Fiqh about situations similar to IVF
>> Four cases of combining the sperm and ovum of the husband and the wife
>> Details about permissibility of using IVF
>> Honesty and integrity of the doctors is indispensable
>> Impermissible uses of IVF
>> Combining the sperm and ovum of strangers is akin to adultery
>> Is using IVF changing the creation of Allah?
>> The paternity of an illegitimate child
>> Nikah issues of an illegitimate child

The paternity of an illegitimate child

For establishing the paternity of an illegitimate child, there will be different cases.  In permissible cases, the wife and the husband will be considered the mother and father of the child.  If the sperm of a stranger is put into somebody else’s wife and this pregnant lady is married to somebody else, then this is adultery.  In this case, the husband of that lady will be considered the child’s father and not the stranger whose sperm was used as this comes in the category of adultery and about adultery, the Holy Prophet (Sallallahu alaihi wa sallam) said:


Translation: The child is of the master of the bed i.e. the husband and for the adulterer, there is the stone.  (Sahih Bukhari, Hadith No. 6749; Sahih Muslim Hadith No. 3686)


Even if the pregnant lady is not married to anybody else, even then the stranger whose sperm was used will not be considered the father of the child, but will be considered the child of the mother alone, as given in Sunan Abu Dawood about a child born of adultery:


Translation: The child will not be considered the progeny of the adulterer and neither will he inherit from him.  (Sunan Abu Dawood, Hadith No. 2267)


There is a Hadith in Sunan Ibn Majah:


Translation: He is a child born of adultery who will be considered to belong to the mother’s family whoever they are.  (Sunan Ibn Majah, Hadith No. 2851)


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