The Legality of Artificial Insemination: An Islamic Perspective

Abstract

Artificial Insemination (AI) is a procedure through which the sperms are reserved in the women's generative zone (uterus) utilizing using the medical processes that excludes sexual ejaculation in the female's vagina. The utilization of medical techniques to improve fertility is the main issue that cannot be overemphasized, as the latest studies proved that artificial reproduction techniques are responsible for between 218,000 and 247,000 children born every year in the world. Artificial insemination is a process where reproduction becomes possible through the use of sperms of a husband or a third party donor is strongly rejected and criticized by most Muslim religious scholars. Some of the critics have a view there is artificial insemination through a homologous process is a legitimate process while heterologous is a wrongful process that is against the Islamic rules of Shari’ah. This paper will focus on the legality and admissibility of the process not only in religions, but also presents the application of forms of artificial insemination. In some states, legislation is being carried out regarding artificial insemination. Recently in Pakistan in Farooq Siddique, the Federal Shariat Court of Pakistan has declared homologous artificial insemination (AIH) as legal and child will be legitimate but the real controversy is regarding artificial insemination by heterologous (AID) process.