In Vitro Fertilization (IVF) in Islamic Jurisprudence: Balancing Medical Innovation with Lineage Preservation (Ḥifẓ al-Nasab)

Abstract

The rapid advancement of assisted reproductive technologies (ART), particularly in vitro fertilization (IVF), has transformed the landscape of infertility treatment, offering hope to countless couples. However, these innovations also present significant ethical and legal challenges within the framework of Islamic jurisprudence (fiqh), which prioritizes the preservation of lineage (ḥifẓ al-nasab) and the sanctity of marital bonds (firāsh). This article examines the permissibility and implications of IVF using spousal gametes, focusing on the conditions under which it is deemed permissible, the mechanisms for establishing lineage (nasab), and the ethical boundaries that safeguard genealogical integrity. Central to this analysis are Quranic injunctions such as “Their mothers are none but those who gave birth to them” (Q58:2) and classical juridical principles like “Lineage on the father’s side is established by the marital bed (firāsh)” (Kāsānī, Bada’iʿ al-Ṣanā’iʿ). The study highlights the conditional permissibility of IVF, emphasizing strict safeguards to prevent third-party involvement and ensure the exclusive use of spousal gametes. It also explores the legal attribution of lineage to the husband and wife, rooted in the marital bond and biological contribution, while addressing potential ethical dilemmas such as lineage confusion (ikhtilāṭ al-ansāb). By synthesizing Quranic teachings, classical juridical commentaries, and modern biomedical ethics, this article underscores the importance of balancing medical innovation with Sharīʿah’s ethical imperatives. It concludes that IVF using spousal gametes is permissible under Islamic law when it adheres to stringent conditions, thereby upholding the sanctity of lineage while addressing the challenges of modern infertility treatments.