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:
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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).
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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)
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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.
