An assignment
written for English Lesson
Guided by:
Al-Ustadz Eko Nur Cahyo, M.A
Written by:
Anistsabatini Siti Jazilatul Chikmah
34.3.1.11541
Islamic School and Jurisprudence
Syari’ah Faculty
DARUSSALAM UNIVERSITY
MANTINGAN NGAWI EAST JAVA
INDONESIA
1437 / 2015
1st Subject
A. Introduction
Muslims
recognize that all life and death happens according to the Will of God. To
strive for a child in the face of infertility is not considered a rebellion
against God's will. The Qur'an tells us of the prayers of Abraham and
Zachariah, who pleaded with God to grant them offspring. Nowadays, many couples
seek fertility treatment if they are unable to conceive or bear children.
The In Vitro Fertilization (IVF) is a process which allows the union oh
egg from the female and the sperm from the male for successful fertilization of
the embryo to occur in the laboratory. For a pregnancy to result through IVF
based on current medical advances in this field, there are essentially four
steps that needs to be successfully achieved. My understanding is that
pregnancy cannot occur if even one step of the procedures fails.
This matter is considered to be in the Mutaghayyraat category of
Fiqh, it is a matter that is not static over time, but arises due to changes,
advances and newer contexts in human existence. Hence most Scholars, and the
European Fiqh Council as well as Al-Azhar University, have considered this
matter beyond a particular School of Thought. This is an important matter to
recognize that dynamic rulings an opinions, due to changing times, must be
considered under the 4 School of Thought collectively.
B.
Problems Areas
1.
What Is In Vitro Fertilization?
2.
What is the Law of cloning and Tube Baby in
Islam?
3.
What the Verdict to sell human sperm?
4.
What the Legal Ground of the Interdiction?
C.
Aims of Writing
1.
To know the In Vitro
Fertilization
2.
To know about the Law of cloning and Tube Baby in Islam
3.
To know about the Verdict to sell human sperm
4.
To know about the Legal Ground of the
Interdiction
2nd
Subject
A. In Vitro
Fertilization as an Alternative
Before embark into an analysis of the matter under Islamic
Jurisprudence, it is important to consider the reason why IVF would be of any
benefit for humanity. The reason is that Islam is for human benefit. Allah, The
Creator, has placed human beings as an active witness and guardian to all that
has been created in the universe, that the creation is used for current and future
benefit, that it does not cause harm nor does it remove access to that which is
created, for future generation to come.
There are many reasons for infertility. Whilst there is a deeper concern
for some of the rising causes for impaired fecundity, environmental
degradation. In Vitro
Fertilization is a process by which a sperm and egg can be combined in a
laboratory. The resulting embryo or embryos can then be transferred to the
woman's uterus for further growth and development.
In
the Qur'an, God comforts those who face fertility difficulties:
"To
God belongs the dominion of heavens and earth. He creates what He wills. He
bestows female (offspring) upon whom He wills, and bestows male (offspring)
upon whom He wills. Or
He bestows both males and females, and He leaves childless whom He wills. For
He is All-Knowledgeable All-Powerful."[1]
Most
modern reproductive technologies have only recently been made available. The
Qur'an and Hadith do not directly comment on any specific procedure, but
scholars have interpreted the guidelines of these sources to develop their
opinions.
This is an important matter to recognize in the scheme of this discussion.
It had been long held that only the female played a part in the fertilization
and pregnancy, but it is clear, now even in Science that both males and females
play an important role. The reason why this is important is because one needs
to consider the reality of infertility in either the male or the female, not
only the female alone.
Some of the reasons for infertility are:
1. Low sperm count in an otherwise healthy
male
2. Degenerative or low quality sperm
3. Ovarian dysfunction due to other earlier fertilization
failures
4. Chemically-induced infertility
5. Sexually transmitted diseases
6. Scarring or blocking of the fallopian
tubes, high acidity.[2]
B. Scope of
Legitimate Consideration
Parts of considering the possibility also requires the clear
understanding of the boundaries of the possible legitimate use of IVF as that
intervening alternative, within the 5 Rulings of Islamic Jurisprudence:
1. Obligatory
2. Recommended
3. Permissible
4. Reprehensible
5. Prohibited
In relation to whether any couple may opt for IVF, it is in Islamic
Jurisprudence that the natural process of any act is the norm by which that
particular act should be performed. This falls under the rules of “strictness”
or ‘Azeem, being rulings of permissibility not concerned with context or
circumstance of one person. For that act to differ from the norm, in other
words to conditionally permit that which would normally be impermissible, there
has to be at least one reason which would cause harm or would ultimately result
in the act not fulfilling its purpose, in order to consider an alternative.
This alternative is normally referred to as a Rukhsa, or dispensation.[3]
Qur’anic decree on preserving biological lineage is clear:
“It is He
(Allah) who created mankind from water, then has He established them
relationship of lineage and marriage for your Lord has power over all things.”[4]
C. Qur’anic
Considerations
The Qur’an refers to infertility as a matter. The Qur’an and Prophetic
Narrations provide a clear indication of infertility of Sarah, the wife of
Prophet Ibrahim, peace be upon them. In order for Prophet Ibrahim to borne a
child, he was given Hajar to conceive a child with him, Ismail peace be upon
them all.
“She (Sarah)
said: ‘Alas for me! Shall I bear a child, seeing I am old woman and my husband
(Ibrahim) an old man? That would indeed be a wonderful matter!”[5]
A further refutation may be forward that
the Qur’an clearly states:
“Or He
bestows both males and females and He leaves barren whom He will.”[6]
This may imply that God Almighty has willed
some to be infertile, and so humans must submit to that. This is clearly using
correct Islamic Principles to argue against an incorrect assertion. Certainly
God Wills everything, and only He gives life and takes it. However, that is the
very point of the verse quoted, to emphasize that Allah is the One who is full
of Power and Knowledge.
3rd
Subject
A. Conclusion
In view of numerous principles of the
Methodology of Islamic Jurisprudence, namely:
a. Protection against difficulty and
constriction (‘usr wa haraj)
b. The necessity to refrain from causing harm
to oneself and other (la darar wa la dirar)
c. The priority of averting corruption over
attaining benefit’ (dar’u al-mafaasid muqaddam ‘ala jalb al-masalih)
As well as Istihsaan (equity) and Masala
al-Mursala (clear societal benefit), In Vitro Fertilization is a permissible
consideration.
Given the overwhelming evidence in the
discussion above, it is conclusive that In Vitro Fertilization on is
conditionally permissible in Islam, under the scope of the Five Rulings. The condition
are:
1. That the sperm be from the legitimate
father and the egg be from the legitimate mother.
2. That the uterus the fertilized zygote is
implanted into is the original legitimate mother referred to in.
3. That adequate and conscious effort be
expanded to eliminate the risk of the sperm, egg or zygote to be swapped or
similar error being made which may affect the biological lineage of the
offspring.
4. That the legitimate couple be otherwise
have attempted via natural means, but evidence exists that they cannot conceive
naturally.
5. That there exist a real possibility for
them to conceive via IVF.
Infertility is considered a disease[7],
and cures do exist. God Almighty has never prohibited cures to diseases. In
Vitro Fertilization is one ethical solution.
And Allah knows best.
4th
Subject
Bibliographical
1. Al-Qur’an Al-Kareem
2. Ali, Afroz, The Conditional
Permissibility of In Vitro Fertilization Under Islamic Jurisprudence, Al-Ghazzali
Centre (Australia: 2004)
3. Miller, Prof. Brent, Family & Human
Development, Utah State University.
4. Umdat as-Saalik, c6.2
5. Assisted
Reproductive Technology Fact Sheet, center for Disease & Prevention, Atlanta USA.
