Hamza Asadullah
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Can a single woman use artificial insemination to have a child ? plz dont say adopt a child, its not the same. Wat if there are no chances of marriage (dont want to get into that bit) so can this be a the halal way of having a child ? as for the child's linage, etc having the fathers name, then the child could have that, but be brought up just by the mother.
thanks in advance.
Asalaamu Alaikum, Firstly i would just like to apologise for any responses you found inappropriate or offensive. You are most welcome here to ask any questions you like.
My dear sister you came here wanting the Islamic position with regards to artificial insemination of a third party as oppose to a husband so here is the Islamic position with regards to your question:
According to Sheikh Mufti Muhammad Ibn Adam Al-Kawthari:
The Islamic ruling on these various forms and methods of treatment is concerned, one must keep in mind a very important principle, for that answers all the questions. The principle is that resorting to these methods of medical treatment is permissible as long as "only" the husband and wife are involved. It is completely unlawful to use a third party's (donor) sperm or eggs.
The reason being is that Islam has completely prohibited adultery (zina) and everything that leads to it. Islam lays allot of importance on the preservation of lineage. The preservation of lineage (hifz al-nasl) is one of the five universals and objectives of Shariah. As such, introducing a third party into the family equation would confuse the lineage, hence it will not be allowed. Using the sperm or eggs of a third person would create doubt and confusion with regards to the child's identity. The child's lineage and identity will not be preserved and safeguarded.
Many contemporary scholars have declared the introduction of other than the husband's sperm into the wife akin to adultery (zina), hence a major sin. They state that artificial insemination of other than the husband's sperm and adultery are both similar in effect; that is, in both cases the tillage is inseminated by a stranger. It is also a more severe crime than "legal" adoption, which is also completely prohibited in Shariah.
Allah Most High says:
"And those who guard their private parts. Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess, for (in their case) they are free from blame. But those whose desires exceed those limits are transgressors." (Surah al-Mu'minun, V. 5-7)
Ruwayfi' ibn Thabit al-Ansari (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said on the day of Hunayn: "It is unlawful for a man who believes in Allah and the last day that he waters the plant of another." (Sunan Abu Dawud, no. 2151 & Sunan Tirmidhi) The meaning of watering the plant of another is to introduce one's sperm into the womb of another person's wife.
Therefore, all forms of treatment in which a third party is involved are completely unlawful. Hence, AID, AIM and surrogate motherhood is out of the question.
Moreover, the question of "to whom will the child be attributed" also arises in such cases. Scholars mention that despite the prohibition of resorting to such methods, if one did employ them, the child will always be attributed to the mother's husband.
There is a famous Hadith recorded by Imam Muslim and others in which the Messenger of Allah (Allah bless him and give him peace) said: 'The child will be attributed to the husband and the adulterer will receive the stone'. The meaning of this Hadith is that the right of paternity will always be for the person who is married to the child's mother.
Thus, if a donor's sperm or the husband's sperm mixed with that of a donor was introduced into the wife, the child will still be attributed to the husband. However, if the husband refuses to accept the child as his own, it will only be attributed to the mother.
If an unmarried woman was artificially inseminated with the sperm of another man, the child will only be attributed to herself. The man whose sperm was used will have nothing to do with the child.
Source: http://qa.sunnipath.com/issue_view.asp?HD=1&ID=3622&CATE=95
Sheikh Faraz Rabbani Adds:
The Islamic Fiqh Academy, and other bodies, including Al-Azhar's Fatwa Committee, have studied this matter at length. They concluded that artificial insemination is permitted, as long as only the husband and wife are reproductively involved. This is permitted whether the fertilization itself occurs inside or outside the woman. It is not permitted to use third party ('donor') sperm or eggs, even when either spouse is infertile. They stressed that one should ensure that such procedures are carried out in a safe way, for obvious reasons.
Some of the scholars emphasize, too, that such procedures should only be used when normal means prove ineffective.
It is important, in the end, to remember that while we have been commanded by Allah Most High to take all permitted means, we have also been commanded to believe that means themselves do not have an effect; only Allah does.
And Allah knows best.
Source: http://qa.sunnipath.com/issue_view.asp?HD=7&ID=2455&CATE=2
So my dear sister it is clear that artificial insemination from a third party who is not your husband is totally foribidden in Islam and likened to adultery. Surely there is no good in that which Allah has made forbidden for us. There is no way around this and this has been made clear by scholars who have looked into this matter in great detail with the help and advice of physicians.
My sister I do understand that for a person who has a disablity or illness it may be difficult to get married but it is not impossible and you should not give up hope of finding a husband. Whatever Allah will give you will be the best for you and if he does not give you a child then you will be compensated MUCH greater for it in the hereafter where we will all wish we had recieved NOTHING in this world just so that we could have recieved EVERYTHING in the hereafter.
It maybe that Allah will find you a partner whom you can marry and bear a child with. You should try all the means possible and make dua relying on Allah but at the same time accepting his decree. Does he not know what is best for us in our lives?
There are many people who are infertile and this is their test so you should be happy that you are fertile and know that if it is best for you in this life to have a partner with whom you can bare children with then it will happen no matter what but if it is not meant for you to have children then NOTHING you do will enable you to have children.
So in conclusion you should make the utmost effort despite your condition, to look for a marriage partner even if that means you become a second wife and at the same time make sincere dua and put your trust in Allah and accept his decree that whatever he has planned for you in this life is best for you as he created you and his decree is what is best for you.
Please read this thread as it will help you inshallah:
Solutions Of How To Get Through Hardships, Stresses and Problems in life!
http://www.islamicboard.com/advice-...through-hardships-stresses-problems-life.html
If you have any further questions or need any advice or help with anything at all then please do not hesitate to ask.
And Allah knows best in all matters
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