Artificial insemination

Fatwa ID: 02077

Answered by Muhammad Adnan

Question:

Asalamualaikum.

Hazrat, this question is on behalf of a sister.
She intends to get pregnant from a donor.
1)      Is it furdh/wajib upon her to have a nikah done with this donor?
I am just thinking wouldn't such an action without a nikah have
implications on things like inheritance and who is a mahram, and who is
not?
2)      If it permissible to have a nikah JUST for something like this?
Would it be valid?
3)      Will she have the Islamic right for a divorce because that's
what she intends to, she has no intention to live her life with a man,
but merely wants a child.

Jazak'Allah.

Answer:

Bismillah

  1. Preservation of lineage in Islam is important and a child born through artificial insemination without a valid nikaah will have all the ahkaam of a walad uz zinaa(child born from zinaa).

  2. Such a condition would be invalid for nikaah.

“Verily the Prophet Sallalahu Alayhi wa Sallam forbade the mut'a of temporary marriage and the eating of the meat of domestic donkeys.” (Bukhari, Muslim)

  1. For right to divorce/khula a valid nikaah needs to be in place. (Bahishti Zewar)

And Allah Ta'ala knows best

Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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