LEGAL AND ETHICAL FRAMEWORK OF ISLAMIC LAW ON THE CONTEMPORARY ASSISTED REPRODUCTIVE TECHNOLOGY

Abstract

The act of reproduction is a fundamental aspect of human existence shared universally among people regardless of religious, cultural, or social backgrounds. Childlessness is frequently stigmatized globally and can result into significant social distress for couples and especially the woman folk. In response to infertility, many individuals seek assistance through scientific methods, especially in developing nations where such resources may be limited. The use of scientific means to enhance fertility is a contemporary topical issue that cannot be overemphasized. According to the European Society for Human Reproduction and Embryology, more than eight million babies have been born through the Artificial Reproductive Technology (ART) worldwide in the last 30 years. Islam acknowledges infertility as a challenge and permits seeking lawful remedies in accordance with the Islamic principles. This paper explores the various options available to couples seeking assisted reproduction and delves into the Islamic viewpoint on different Assisted Reproductive Technologies (ART), aiming to discern the permissibility and limits of these technologies under Islamic law. This study employs a doctrinal research method with reliance on the existing literature and analysis of the Holy Qur’an and Sunnah. The paper recommends that before pursuing ART, Muslim couples should seek knowledge of Islamic law to determine which methods align with the Islamic principles and values. The paper concludes that ART is permissible and encouraged; but only within the context of a valid marriage between a husband and wife; and solely during the duration of their marital contract within the context of Islamic legal framework and ethics