Some single women opt for in vitro fertilization to have a baby. Sperm is donated by a guy who is not related to this woman in any way.
There is no sexual contact between this woman and the guy.
What will be Islamic perspective about it all. Is this kid illegitimate ? Why ?
Provide reference from Quran and Hadees only , I do not accept what your sheikh says without reference from Quran and Hadees. Please do not use any twisted logic or vague arguments to prove your point.
I am throwing the question out as I have not done any research on my own. The question came to my mind when I was listening to NPR this morning and a Hollywood female writer who had major possibility of ovarian cancer wanted to have a baby before she gets her ovaries removed to eliminate the possibility of ovarian cancer.
Re: Is this kid illegitimate ?
I am sorry I havent come accross verses on IVF treatment or fertilization as yet!..but I am sure you widen up the searching criteria mentioned in above post then you will hear some interesting comments.
Re: Is this kid illegitimate ?
what is "illegitimate"? does this mean from out of wedlock?
Re: Is this kid illegitimate ?
Mirch Bhai, illegitimate is one born out of wedlock. So i think its obvious in itself that its illegitimate. I don't think there are any verses about IVF.
Re: Is this kid illegitimate ?
yes there have been many discussions on this...islam forbids such ivf treatment bcz the sperm is not from husband. this will be considered illegitimate. somethings are not clear in quran so ullama do ijtihaad .......if she wants a child to be legitimate then marry the guy and then do ivf treatment.
Re: Is this kid illegitimate ?
why do we need scholars if everyone was able to read the Qur'an and ahadith and then deduce the rulings? Mirch, are you knowledgeable enough to deduce the rulings from the Qur'an and ahadith? If you are so keen about following the Islamic Nasus (texts) then follow what Qur'an says: the people without knowledge are obliged to ask those who have knoweldge. The Usul of fiqh is not just limited to Qur'an and ahadith!
Re: Is this kid illegitimate ?
I don't think so that we don't need any schollar, even we can read and understand Quran, and Hadees, but we must have a person who guide us to the right path.
what is "illegitimate"? does this mean from out of wedlock?
Mirch Bhai, illegitimate is one born out of wedlock. So i think its obvious in itself that its illegitimate. I don't think there are any verses about IVF.
This is dictionary meaning and that is not what the discussion is about.
yes there have been many discussions on this...islam forbids such ivf treatment bcz the sperm is not from husband. this will be considered illegitimate. somethings are not clear in quran so ullama do ijtihaad .......if she wants a child to be legitimate then marry the guy and then do ivf treatment.
Please guide me to those discussions and that ijtehad.
I don't think so that we don't need any schollar, even we can read and understand Quran, and Hadees, but we must have a person who guide us to the right path.
I have that person to guide me. That person is my holy prophet , that is why I am asking for reference from hadees also. As for ijtehaad I am qualified enough to do my own ijtehad.
Quran and hadees does not say that you have to be qualified from Jama a Azhar or Jama a Binoria or Alhuda to do ijtehad.
yes there have been many discussions on this...islam forbids such ivf treatment bcz the sperm is not from husband. this will be considered illegitimate. somethings are not clear in quran so ullama do ijtihaad .......if she wants a child to be legitimate then marry the guy and then do ivf treatment.
hmmm wat if the husband is infertile n she has to get a sperm donor like Mirch uncle has already mentioned in his original post
hmmm wat if the husband is infertile n she has to get a sperm donor like Mirch uncle has already mentioned in his original post
That obviously is a big no-no. That child will be the donor's, not the husband's. Either get the husband treated for infertility, or adopt a child, or divorce the guy and marry someone else, or just live with the shortcoming.
That obviously is a big no-no. That child will be the donor's, not the husband's. Either get the husband treated for infertility, or adopt a child, or divorce the guy and marry someone else, or just live with the shortcoming.
And what ill for the society , or the kid or the father or the mother you see from moral ,societal or religious point of view if that woman decides to get pregnant without having any physical contact with that sperm donor ?
Re: Is this kid illegitimate ?
^Physical contact is not the issue, the issue is that of "Nikah" without wich a man and woman canot conceive a legitimate child.
And the kid shud have a right to be born in a family and know the father who shud be contributing to childs upbringing physically and financially.
^Physical contact is not the issue, the issue is that of "Nikah" without wich a man and woman canot conceive a legitimate child.
And the kid shud have a right to be born in a family and know the father who shud be contributing to childs upbringing physically and financially.
Nikah is requirement for having sexual contact with free women(hasanaat) , there is no requirement for nikah to have sexual contact with a slave woman.
Does Islam consider those child which are born out of wedlock to a slave woman legitimate or not ? There is no wedlock in this case , is it ?
So your nikah theory for a child to be legit goes out of the window.
Now the second part there are many kids which are born after the father has died , so your theory of a father physically and financially contributing for a child's upbringing also goes out the window.
Dear Sir. Quran and Hadees are flawless they do not have the kind of flaws a human theory and ijtehad will have. That is why I asked for references from Quran and Hadees.
Personaly I have no stance at this point on this issue. I am trying to understand and learn myself this new concept in this day and age. So please do not take my comments personal .
Re: Is this kid illegitimate ?
IVF Using Donated Sperm - IslamonLine.net - Ask The Scholar
islam stresses upon keeping lineage alive..so even if u “adopt” a child u have to keep that childs biological fathers name as his/her surname. same is for married women that they keep their family name and not take their husbands name so ppl can recognise the lineage. if u go and have a child of another man(by IVF) this rule will go haywire…and so it is unlawful in islam …
also these links
Nikah is requirement for having sexual contact with free women(hasanaat) , there is no requirement for nikah to have sexual contact with a slave woman. Does Islam consider those child which are born out of wedlock to a slave woman legitimate or not ? There is no wedlock in this case , is it ? So your nikah theory for a child to be legit goes out of the window. Now the second part there are many kids which are born after the father has died , so your theory of a father physically and financially contributing for a child's upbringing also goes out the window. Dear Sir. Quran and Hadees are flawless they do not have the kind of flaws a human theory and ijtehad will have. That is why I asked for references from Quran and Hadees. Personaly I have no stance at this point on this issue. I am trying to understand and learn myself this new concept in this day and age. So please do not take my comments personal .
Mirch Bhai
Sexual contact with slave woman still falls under the "allowed" or legit contacs. So it would be fine to for person to donate sperms for IVF (if at all such situation cud happen today) to her concubine.
This is not the case with a free woman, who can neither have a contact with slave man nor with free man without Nikah. SO a free soman cannot have children without Nikah from any man as per Islamic rules.
If the father is alive and well then as per Islamic rules he cannot be absolved of responsibility to the kid.
As for reference from Quran and Hadith, i don't think any exists as this issue of IVF never existed at that time. So we can only conclude from the priciples of Islam that we know of.
Re: Is this kid illegitimate ?
Mirch bhai
I think we cannot discuss nikah and concubines in such a singular perspective without understanding the institution marriage and slaves in our religion. The commonality in both being that the man is responsible for the wife or concubine meaning he has to provide for them as equals. A slave concubine is already under a mans care and he has to treat her on par and cannot touch her without her consent either. For a woman with whom nikah is done, the woman only becomes his responsibility after the nikah and he is obliged to provide for her on par, ofcourse to the best of his abilities in both cases. Its not simply legit or unlegit.
The case you have presented is that of a free woman who wants to have a child of her own. So slaves should not even be in the discussion here. If she is to conceive then it has to be through the performance of nikah. Nikah is not only to have sexual rights with a free woman but also it comes with the responsibility of providing. Now you may argue some women maybe well-off and able to provide and want to have a child. I don’t think there is anything in black n white for such a case however based on what we know, I would tend to say that it strongly leans towards that which is not allowed. The question is whether a womans consent is enough for having a child or does it have to be a decision made by a couple only?