Islamic Center of Southern California

The Arguments of Islamic Law Rulings on Recent Medical Issues

Topic Four

Test-Tube Babies

(In Vitro Fertilization and Embryo Transplants) 62

Definition

What is meant by a test tube baby procedure is that through which an embryo begins to form in an external vessel rather than inside body of its mother. An ovum is extracted out of the ovaries and is exposed to the husband's semen to get a sperm to unite with it. The resulting embryo is later implanted into the uterus through the vaginal opening. The growth of this embryo continues inside the uterus. 63

The Legal Position Chosen by the IOMS and Its Argument

In the seminar on Human Reproduction in Islam in 1983, the IOMS opted for the viewpoint favored by the majority of participating scholars, which is the lawfulness of test-tube babies under Islamic Law controls. The seminar's minutes say that "the seminar concludes that the test-tube baby procedure is lawful if it only involves a married couple while the marriage is valid, and sufficient and meticulous care is taken to avoid any confusion of lineage. Still, some scholars have voiced some reservation under the pretext of pre-emptive prohibition."

The Viewpoint of the Islamic jurisprudence (fiqh) Academy

In its seventh session in 1992, the Islamic Jurisprudence (fiqh) Academy of Mecca favored the permission of test-tube babies in principle, although the academy asserts that the procedure is not free from doubt-raising factors. Its decision on the subject says, "The method is, in principle, acceptable in itself from the point of view of Islamic Law. It is, however, not completely devoid of the possibilities of confusion in its requirements and the circumstances under which it is conducted. Therefore, it should be resorted to only in cases of extreme necessity and when general legal controls are in operation."

62 The IOMS discussed this question in its first seminar, the Seminar on Reproduction in Islam, in 1983.

63 Dr. Hassan Hathout, "Test-Tube Babies ," The Seminar on Human Reproduction, p. 189. Islamic Center of Southern California