The Ruling on Reproduction via Test Tubes

A message has reached the program from the Sultanate of Oman, sent by one of the brothers, whose name is (Omar . A . H . Sh). Our brother says—and this is his wording—it pleases me, indeed it greatly delights me, to send you this message which contains this humble question, knowing that this is the first time I am writing to you in order to benefit. The question reads: We have heard and read a great deal in newspapers and magazines about the topic of fertilization by injection. A woman is fertilized via an injection—the needle—in one of the hospitals, in order to conceive, given that the husband of this woman is unable to father children. It is known that the doctor takes semen from another man in order to fertilize that woman. The question here is: Is this method permissible in Islam, and is dealing with it permissible, or is it not? And if the answer is that it is not permissible, what is the punishment for the woman who does it, the man who does it, and the one who consents to it? May Allah reward you with good. Perhaps he is referring to the test-tube baby, Your Eminence?
Answer: This matter involves details, and the members of the Fiqh Academy in Makkah, within the League, studied it in a past session and specified in their decision the types that are forbidden and the types that are permissible. And what the questioner asked about falls into two cases:
One of them was permitted by the Academy.
And the second: it was prohibited, and it is prohibited by the consensus of the Muslims.
As for what the Academy permitted, it is that the woman does not conceive due to an illness in the ovary or in the tubes that connect the semen to the womb, or the man is also not sterile, but there are causes known to doctors in the man or in the woman, and the specialist doctor sees that it is possible to take the semen from the man, her husband, and then inject it into her, into her womb, and that this may fertilize her, by the permission of Allah, and be of benefit, by the permission of Allah.
The presenter: From the husband himself?
The Shaykh: From the husband himself specifically, and no one attends it except the specialist doctor or the female doctor, and the obligatory is the female doctor if she is available, a female doctor who handles it; she injects it, he gives it to her, he takes it from himself, the husband, and gives it to the woman, and she injects it into the wife’s womb. And if the man is unable to take it from him and then give it to the woman and she injects it into the woman’s womb if a woman is available, then if a woman who knows that is not available, it is permissible for the man, out of dire necessity, to take it from the husband and then inject it with the needle into her womb.
This is one of the forms that the Academy permitted, and it mentioned that it was used and succeeded, even though there is danger in it that requires caution, and that the operation be in the presence of the husband and the wife and the specialist doctor or the specialist female doctor, without anyone else attending it; because the woman is exposed, so no one attends her, even her mahrams; because the mahram does not see the awrah; he has no right to see the awrah between the navel and the knee, no one sees it except the husband or the master, as he is the one with whom intercourse is permitted.
So in this case, if the specialist doctor or the specialist female doctor sees that this is of benefit and that there is no sterility preventing pregnancy, but rather it is something of an illness in the woman’s ovary or in her tubes, or the man’s semen does not reach due to weakness in his semen so it does not reach the woman’s place, or for other reasons, it is taken from him by the tube, by the needle, and injected into the woman’s womb. This is what is permissible, and the most cautious is to leave it, even if we say it is permissible; the most cautious is to leave it so that it does not lead to consequences that are not praiseworthy.
The presenter: Even though it is between the two spouses.
The Shaykh: Between the two spouses, so that it does not lead the wife to do something contrary to that and claim that it is from her husband; because dangers surround it, dangers surround it, so leaving it is better according to the scholars of knowledge, except with complete caution, with complete caution.
As for taking the semen from other than the husband to be injected into the man’s wife, this is forbidden by the consensus of the Muslims. This is of the same kind as zina. That she takes water from other than her husband to inject into herself, perhaps she will conceive with the water of this foreign man, this is an abomination and this is not permissible. And it is obligatory to punish them both, to discipline them both, by the one in authority, if that is established, so that such a thing does not occur.
And a second form...
The presenter: Or a third.
The Shaykh: A third form, with respect to these two forms it is the third, and it is the second with respect to permissibility. It is when the water of the man, the water of the husband and the wife both, is taken and placed in a tube so that they mix and blend in a specific way according to the doctors, and then the two waters are injected into the woman’s womb after their mixing in the special tube that the doctor performs. And this is more dangerous than the first and more... more dangerous, because it may be placed in a tube that mixes with tubes at the doctors, and it may happen that water is taken from other than the wife or from other than the husband for something of a ruse or something of religious laxity.
So the result is that the Academy permitted this by majority, and some of its members did not permit it, and some of its members suspended judgment, and I am among those who suspended judgment in that; because it is dangerous.
So the result is: that permissibility is confined to the husband and the wife only. As for water taken from other than the husband or from other than the wife, this is forbidden by the consensus of the Muslims, there is no dispute in it. The place of disagreement is water taken from the husband and injected into the womb of his wife, or from both of them, placed in a tube for known hours and then injected into her womb. This is the place of disagreement, and it is in which the Academy saw permissibility in these two forms, with the obligation of caution and wariness. Yes.
The presenter: May Allah reward you with good. So, it has multiple forms, and each form has its ruling.
The Shaykh: Yes... and what the Academy permitted is only these two forms.
The presenter: What is between the two spouses themselves.
The Shaykh: Yes.
The presenter: May Allah reward you.