is not permissible to inseminate a woman with the sperm of a man, other than her
husband, irrespective of whether or not she was married. It makes no difference
whether husband and wife consented to the act or not. Likewise, if insemination
is done by the husband or another man.
(57) A woman was inseminated with
the sperm of a stranger; she conceived and gave birth to a baby. If this
happened accidentally, in that she was inadvertently inseminated by another
mans sperm, there is no ishkal that such a child be treated as t he offspring
of the man whose sperm was used in the process. In a way it is akin to sexual
intercourse by error (bishubha).
If, however, this was deliberately
done and with intent, it is likely that the child be treated as the offspring of
the owner of sperm. Thus, all rules regarding pedigree and inheritance apply.
This is being so, for he who is exempt from inheritance is the offspring of an
adulterous relationship. The child, the subject of this article, is not the
same, albeit the act that led to conceiving his seed was haraam.
likely, the same rules apply to treating him as the offspring of the mother,
even in the second case. As such, there will be no difference between him and
his half brothers [from his mother].
Similarly, a woman placed the semen
of her husband into the vagina of another woman by some means, such as clitorism
(musahaqah). The woman became pregnant and gave birth to a child. In this case,
the father of the child will be the one, whose semen was used, and the woman,
who bore and gave birth to it, albeit the act that led to this situation was
(58) A females egg was taken and placed in an artificial
womb [tube] together with a mans sperm to be fertilised. The foetus [was
transferred and implanted into the womb of the woman until it became] a fully
grown baby. [The mother gave birth to it]. It is evident the child belongs to
the man and woman whose semen and egg was used respectively. In such a case, all
rules regarding pedigree and inheritance apply.
Of course, the child
does not inherit any parent who died before the insemination took place.
(59) An inseminated egg of a woman was implanted in another womans
womb. The foetus was carried and nurtured by the second woman until she gave
birth to the baby. Does the child belong to the first woman or the second?
Although the answer could go either way, The one that carries more
weight, though, is that the baby belongs to the first woman. As a matter of
ihtiyat, though, the second opinion could also be acted upon.
is permissible to inseminate the egg of a woman with her husbands sperm.
Of course, it is not permissible for a stranger, other than the husband,
to handle the process, if it required looking into or touching what is forbidden
[of the womans body]. The rules regarding the newly born bay by such means are
the same as those that apply to the parents other children.