Fatwa ID: 09361
Answered by Muftiyah Maryam Badshah
Question:
Asalam alaykum
I understand from a local imam and other fatwa on your website that IVF is permissible for me and my husband as long as we only use our egg/sperm and no donors or surrogates.
Is it permissible to undergo egg/embryo freezing now (before I have surgery for endometriosis 2nd time) and then keep those eggs and embryos frozen to be used in the future when we are ready to complete the IVF cycle?
Jazakhallah khair
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In Vitro Fertilization (IVF) is only permissible when the sperms and eggs used are from the lawfully married husband and wife. It is not permissible to use either sperm or eggs from a third party, to employ the use of a surrogate to give birth to the child, or to fertilise the eggs and sperm after divorce or death. In the UK, those undertaking IVF must ensure the sperm, eggs and embryos are not used by others, and that they are stored in a way which will prevent them from being used with someone other than their spouse. If the spouses can ensure these events will not occur, it will be permissible to freeze their sperm, eggs and embryos.[1]
“And those who guard their private parts. Except from their wives or those their right hands possess, for indeed they will not be blamed. But whoever seeks beyond that, then those are the transgressors.” Surah al-Mu’minoon (23:5-7) [2]
You should also take into consideration the procedure of IVF. Specifically, the collection of mani (semen), the revealing of ‘awrah during the procedure, as well as any potential side effects. Scholars have agreed that the pursuit of wanting to have a child by a married couple is a need. Therefore it would be permissible for the wife to uncover her ‘awrah in front of a female doctor for the procedure. As for the husband, it is more preferable if he collects his mani via coitus interruptus if possible, as masturbation is highly disliked.[3]
Only Allah ﷻ knows best.
Written by Muftiyah Maryam Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
https://www.nhs.uk/tests-and-treatments/ivf/
[2]
وَٱلَّذِينَ هُمْ لِفُرُوجِهِمْ حَٰفِظُونَ إِلَّا عَلَىٰٓ أَزْوَٰجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَٰنُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ فَمَنِ ٱبْتَغَىٰ وَرَآءَ ذَٰلِكَ فَأُو۟لَٰٓئِكَ هُمُ ٱلْعَادُونَ
Qur’an (23:5-7)
[3]
… وَوَرَدَ اسْتِثْنَاءُ النُّفَسَاءِ وَالْمَرِيضَةِ
Raddul Muhtār (Vol.3, pg.604, Dār Al-Fiqr)
الِاسْتِمْنَاءُ حَرَامٌ، وَفِيهِ التَّعْزِيرُ، وَلَوْ مَكَّنَ امْرَأَتَهُ، أَوْ أَمَتَهُ مِنْ الْعَبَثِ بِذَكَرِهِ، فَأَنْزَلَ، فَإِنَّهُ مَكْرُوهٌ، وَلَا شَيْءَ عَلَيْهِ
Al-Fatāwa al-Hindiyyah (Vol.2, pg.170, Dār Al-Fiqr)
يَجُوزُ أَنْ يَسْتَمْنِيَ بِيَدِ زَوْجَتِهِ
Raddul Muhtār (Vol.4, pg.27, Dār Al-Fiqr)