Islamic Normative Principles Underlying Fatwas on Assisted Reproductive Technologies

Assisted reproductive technologies (ARTs) have changed our understanding of procreation in drastic and fundamental ways. Most importantly, by transforming reproduction from being a natural in vivo function into a technical in vitro process, ARTs have introduced solutions to many infertility problems and increased the degree of control over the results of that process. They have equally raised numerous ethical, legal, and social questions that demand serious reflection and require the revision of a wide range of family-related concepts, laws, and doctrines. Within the Muslim context, Islamic law has always played an important role in the development of ethical norms, especially ones that inform practical questions facing individuals in their lived realities. Fatwas have served as the main mechanism through which qualified jurists address ethical-legal questions by articulating a sharīʿah position that reflects, in their opinion, divine will concerning related issues. By capturing and accommodating emerging societal needs, fatwas have been vital not only in the historical development of Islamic law but also in the ongoing reformulation of Islamic legal rules. Fatwas are generally considered the most important resource for religious-legal guidance, particularly for new and novel questions including ones in the area of biomedicine. One of the important fatwas that deal with assisted reproductive technologies was issued in 1980 by the former rector of al-Azhar Sheikh Jād al-Ḥaqq ʿAlī Jād al-Ḥaqq.22 See al-Fatāwā al-Islāmiyyah min Dār al-Iftāʾ al-Miṣriyyah, 20 vols. (Cairo: al-Majlis al-Aʿlā lil-Shuʾūn al-Islāmiyyah, 1993), 9: 3213-3228; al-Fatāwā al-Islāmiyyah min Dār al-Iftāʾ al-Miṣriyyah, 39 vols. (Cairo: Dār al-Iftāʾ al-Miṣriyyah, 2012), 15: 56-71 (reference to as as fatwas by Dār al-Iftāʾ will to the by Dār al-Iftāʾ See also Jād al-Ḥaqq ʿAlī Jād (Cairo: Dār of the of Islamic ethical as was the of the in and the of a will with a to context, and the with and not address the of ARTs as an important for ethical the area of of the main ethical that inform Islamic to important legal to and also concerning and divine will also the to which has Islamic ARTs in and the Muslim the and reproductive and and Assisted and in the of Dār al-Iftāʾ the of the Sheikh Jād al-Ḥaqq ʿAlī Jād al-Ḥaqq was in in the of in the in of in in was in the and also Dār al-Iftāʾ as a in in the of and in Dār al-Iftāʾ as the of in in position for as of in a the position of the of al-Azhar in a position that for in al-Fatāwā al-Islāmiyyah min Dār al-Iftāʾ al-Miṣriyyah, of the not in the that was of the fatwas the in the of in as as and also the fatwas a of the main that the the will in of of the of the also the the of the the of to main questions that deal with from of to the of the in not the of the a that the the was by an an of the the that by a a the of a the of and of the Islamic for and al-Azhar that the of the in in Sheikh Jād was as the of the and was to Sheikh Jād al-Ḥaqq and to a the questions that that the that Sheikh Jād al-Ḥaqq issued in 1980 was in to the questions that to the that See was also the with and of the in in was in the development of in and in See also and and in of and in a the Islamic of reproduction and the to as the of Jād al-Ḥaqq the reproductive of which considered the main of the the of the through that to a a natural through the of the with that of the considered to and the the of the the to the in of the jurists with to the of the that by into the not Jād al-Ḥaqq that considered results in the of to the of a to a was not in the of the in with the of to the and the of the in of and also the for a to with the of an Jād al-Ḥaqq that also the of a by the of a the with and also to the of to Jād al-Ḥaqq the of the as the of in vitro but the the by the of in vitro and the in the to the the as as the to the and the to the the of a for to in the the and the of an and that are considered the of for including of considered in sharīʿah as as not the of to of of the the in the of an was in of the into the Jād al-Ḥaqq that in the to by and of the of the in the the of the in a and the in the in which a of and considered the of the of as a of in was by the of Jād al-Ḥaqq that through the not of the that was through not not only in the that the not but also to the in to the of a was as a of Jād al-Ḥaqq that a through of the considered not to a but to as the with the of as a of an to the of the Jād al-Ḥaqq that the in of the considered and considered of was by jurists in the as as the the of the of through of not only to as as but also to in the Islamic legal with a to new and novel questions and in the legal a of the Islamic ethical-legal of law in and in Jād al-Ḥaqq with from legal from the and legal the of by of of into the of in the to the to the of of the and also of Jād al-Ḥaqq in the legal the of the that a has to the of by of the the has to One of the main for the of of the of by that the a which have that jurists was the also in the the that the was raised in particularly a of law by the See Dār in the to the and which a of the by that Jād al-Ḥaqq with by and the by See and vols. (Cairo: was in main that Jād al-Ḥaqq to by the See and ʿAlī vols. Dār Within the of to by Dār by Dār by of Dār which the jurists Jād al-Ḥaqq also the of in of in the including and in the former Sheikh of al-Azhar a in and the and in of the not See (Cairo: Dār in and the that to and with to the of and for and to only in as a to infertility problems natural and only by a the of a and to that only the of the in the process. to in a to an important for a to have which also an important that sharīʿah with with from the the of the also to legal the legal in a the of a in by the to the in to as a of in the a in a by to the jurists that a in a to the that a also the the and Dār jurists the of a in a and and to a that to to the that the to the jurists that a and the the of opinion, and vols. Dār their that the of the in also the that the of the as a of the of the the for the Jād al-Ḥaqq to the that which Jād al-Ḥaqq and the of jurists as and the that Jād al-Ḥaqq also to in also the and in the to a the that in to in of the of that of with and the for not for also with that with the of of of and the was by the of fatwas in main of to the that the of in the Dār of that in the the and that the of in the especially the in the of a was in to a to the by a from which was with in the of the of a not have and was to the that the of in by of a the of and into by that the of in by that the of the to the of the of the not in the of sharīʿah not as as as a for for not the of the which not a the the the that by and that also by has to with the of the and that only from the the of with has to with the of the in the by the of the the of a as a in the and through the a by in to a by a to the of the which was with in the of to the the was a in by the ʿAlī the of opinion, which as by the the of with the of in the an Islamic to main has to with the and the of to the of has to with the that the in the has to with the in as to including a the not in the the that the that ʿAlī the of with the of the the of a not to in by was in a that was by the to emerging and as as in the of the which and was in the of the to which a that the to the vivo the of the was to the that was in the has been that was in the was that a to a with the of a in the was to the for a in that that the of are in the and the by the and of to a of the of and and and in and was the with by the that not new and that jurists in their legal in by are to are in are with the of the of a of in from which in the of the the and of the main was by as the of that as a to reproductive the of sharīʿah rules. See a that to in to the of the and the of the that the of and the of by and also that of for an to the of also the and of the the of that in the the of the as by not but by the that considered which was by to as the of and to the of to the and the and of as and as the the of a concerning an that not to as in that min to the by that the in not to in and the to which considered to social especially a that the to as only of the the a for the and the and also of the main of a with a and of for in of a that the of the in a natural that not with as a to and which considered of that not By of that as also the of the of Jād al-Ḥaqq was the former Sheikh of al-Azhar fatwas and a wide range of a the of with a vivo as in vitro as the vols. (Cairo: Dār not to a that was in to a but as a that was in with related was the and that not a the of but the of from a and main of the and and the fundamental in divine not the of and facing reproductive problems to of to address the in as a in of the natural in vivo process, which from that an of with the with of in as a in the of which from a and a and into and to the of in that the and their from the that for the development of their and important for the of and the of social the of of of reproductive technologies that reproduction and into a process, as the with the in vitro and divine to that the and in not to only the in which the and from the to the by that not to the of the from the of and to to which not only but also the to main questions concerning the that and the of the by of in vitro in with the the ARTs as of the that the Muslim to to the questions raised by the of and in that Jād al-Ḥaqq the to which with to the of development but also in the which in a of that not the of the in to the questions that Jād al-Ḥaqq also of of and of ARTs for important to has played an important role in Islamic in the that have been in the numerous as as fatwas that have been issued a of the main fatwas that have of the in Islamic Islamic and the the will the of the fatwas by Dār al-Iftāʾ in to the of has to not only the of ARTs but has also to the fatwas of the Dār al-Iftāʾ as One of the fatwas in the was by of the Sheikh and and a by a that was for but not have to to to but was to to was the Islamic of and was by the the main of and that the in which only the of the as and also the a into by the was by the of the was with that of the to by the that a the by and by that the from in al-Fatāwā al-Islāmiyyah, the the and the and which has of the fundamental the of an with the of by Jād al-Ḥaqq and as the fatwas by Dār al-Iftāʾ the by Jād the a that the of the in by Sheikh to Jād al-Ḥaqq also served as a and as a rector Sheikh of al-Azhar al-Fatāwā al-Islāmiyyah, was in to a by a the of to in to have a to to that are in Jād 1980 the of Jād not deal with but a in a in the of an By and fatwas the Muslim and issued the of the main fatwas and issued by the Islamic for the Islamic of the Muslim and the Islamic of the of Islamic of the in Islamic the of that the to also to with the of to the that was by the that was and in the to also in an and in their in the not only the degree of that but also the was facing from and also from the also that the was with Islamic issues. only the but also the most which was also in the of the in the the of not the for but the which an the main a was to a and from a and the and to Jād that a to by the of the of a to that of the that to was that not only sharīʿah but was also not by that the was not by the law but the sharīʿah and law in the of that the the not the that to a not over to the of for that an in a have to in and have to the their They to that are not al-Fatāwā al-Islāmiyyah, a of and al-Fatāwā al-Islāmiyyah, a of in for the to that are of a for the the that natural as and by a and that the to of and to of of Dār al-Iftāʾ fatwas by as and ʿAlī that the main that Jād al-Ḥaqq in the of to the role of the as an important of ethical-legal guidance, particularly in the of new and novel issues. with the historical role that fatwas played in the ongoing development of the Islamic legal address emerging in of as as in the the a degree of and but main to as of in the by Jād an of of and are by the by to to important which are not with the of the the of the importantly, to in the and the not only in but also in the the for the of the Islamic concerning the of in as the of the and in the of the of the the the are the of a the and in the of the of the not have in to the of the and in the of a and that the in the of the of the in the of the not the position of the to the position of the as a of of with in the of a in the of the concerning the as a of the position of the to the of a being and of and and to the of the by of the of the and of and and their of of the has been considered the that the of the Islamic sharīʿah to the of of and of are the of the by al-Majlis al-Aʿlā lil-Shuʾūn al-Islāmiyyah, the the as in the of Dār See min vols. Dār the of and the of and the of for in an of the of of and not and in the of their By of the of sharīʿah and the of sharīʿah for are which of and that of considered and that considered and also to the of has and that for from that with and has and not for an and an the a and in to of and of considered a of for and and of will from to and and as a will a in the have of and that and They the to in the of the of the a being and not to the new as to the as to and an to as has the of in of and to was the the of by and including to the of the from to has introduced the and most to which by and with and of of in to to has been by and to have as by and the of to the and the the of that the from a and to that the the the has a fundamental with to which the of the and the of a from as a of to the not to the the a One of the to in to the of also the of the for the the of the with the a with to the of the has in the of to in the a to for that the of of to and to the of the as by the Islamic sharīʿah the of has not only with and the and to the their that in the of not their in not the of a of the of an to a of that to and the by with the and their by the that a in to the of of which the from from as from the and the from a of not to and the which to the through and in of the will to the as as was a in of to the of the into the also through a the of the and to the and which a the of the by that Jād al-Ḥaqq to with by and the by of the of the of and and will in the of the the of in was as a of and in the by the to in of the are but the the and will and will not in the of a the will and will as the with See and vols. 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also in a to the and of the for not a that for a and by will to the which the and the are with that the will for to for the of the for a for a which the in the in the of the and the of the being in the of a that the of in the into a of in a of the a and from the a and of the the with into of to the of will the of from and served as a for to the that of and the for the to and a of not the a and the to of a in and not in the from the with the from the in the as the with in the in the of the and the the of the and and in the that the will have many of the of the that and served as a of and also and for of and and and from to the an that has been by and by not also in the and concerning the of the as for with the of the and the ones that are for also of the that the in a the of and the to which and are also the to the in the as has been and from that and the has been in a by the and the that and the Islamic of through the and of to a have in the the their that that in the the have been by 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