Question

Salaam,
I had a question regarding the Permisibily of IVF.

Answer

IVF treatment between the spouses, due to a strong need, is permissible. Involving a third party – be that the egg, sperm or even womb of a third party – is unlawful (haram) and amounts to adultery (zina).[1]

The treatment requires a strong need as it necessitates uncovering the ‘awra, which is only permitted when there is a need.[2] A qualified mufti will review one’s circumstances case-by-case in determining whether a need is established.

I hope this clarifies the matter.

[1]           14th Fiqhi Seminar of the Jamiat Ulama-e Hind, 21-23 February 2018 –Fiqhi Ijma’ar ke ahm fiqhi feslay wa-tajawiz (Dehli: Idarat al-Mabahith al-Fiqhiyya Jamiat Ulama i-Hind, 2018): 160-163.

[2] Maulana Ashraf Ali Thanawi writes that the need required for uncovering the awrah is not “need” from a shari’a perspective. Instead, this is “need” from a natural or customary need (tab‘i o-‘aadi). In Imadadul Fatawa, 4:211.

Answered by:
Maulana Ikramul Hoque Miah

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel