Abstract
Artificial Insemination (AI) is the process of reproduction in which
sperms are placed in the female reproductive tract (uterus) by medical
method without sexual intercourse. There is no clear verse in the
Qur’an and saying of the prophet (Hadith) on the issue of AI. Because
of this reason, Islamic jurists are divided based on their opinions.
According to the 'fatwas' of majority of jurists, AI is legal and complies
with Shari’ah if the process is conducted among wedded couples.
Although, the process of AI, according to Islamic jurist, is allowed;
however, there are many issues of controversy which have arisen as the
medical viewpoint through this method of reproduction is not clear.
The legal issue starts if the sperm is taken from a third party. Pakistan
Islamic Ideology Council is competent to issue 'fatwas' on different
controversial matters. As an Islamic country, another decision-making
body is Federal Shari’ah court can also Islamize the existing laws and
makes legislation on different current issues. Similarly, the issue of Test
Tube baby is explained in detail in the decision of Federal Shari’ah
Court of Pakistan. This paper seeks to examine the issue of AI from
Shari’ah perspective, the opinion of Islamic jurists (fatwas), and legal
status of Test Tube Baby in Pakistani law.
Muhammad Ifzal Mehmood, Nadia Zafar. (2017) ARTIFICIAL INSEMINATION IN SHARI’AH: A CASE OF TEST-TUBE BABY IN SHARI’AH AND ITS LEGAL STATUS IN PAKISTAN, Pakistan , Volume 53, Issue 1.
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