ٹیسٹ ٹیوب بے بی کے منجمد نطفہ سے استفادہ کے احکام
Test Tube baby frozen sperm utilization issues is Shari'ah
Abstract
In Islamic jurisprudence, the concept of in vitro fertilization (IVF) is permissible under certain conditions, particularly ensuring that the sperm and egg used belong exclusively to the legally married couple. One of the critical ethical and legal issues in this regard is the use of a deceased husband's frozen sperm by his surviving wife. Islamic Shari'ah upholds that marriage is a contractual bond that ceases upon the death of either spouse. Consequently, after the husband’s passing, the wife is not permitted to use his frozen sperm for conception, as the marital relationship has effectively ended. Furthermore, Islamic law dictates that all marital rights and obligations, including inheritance, intimacy, and lineage-related matters, conclude upon death unless explicitly stated otherwise in the Qur’an and Sunnah. Since the deceased husband cannot give posthumous consent, utilizing his sperm would be considered unlawful. The preservation of lineage is a fundamental principle in Islam, and any act that leads to ambiguity in parentage is strictly prohibited. This study critically analyzes the rulings concerning the use of frozen sperm posthumously and the implications of such practices within the framework of Islamic ethics and law. It further explores the broader consequences of death on marital rulings, emphasizing the principles of consent, legitimacy, and the sanctity of marriage. The research concludes that Islamic jurisprudence does not permit posthumous conception, as it contradicts the fundamental principles governing family life in Islam.