Q:

Assalamalaikum,

May Allah bless the about Islam team and all the scholars for the work they are doing for the community and make all of us successful in this world and the here after.

I’ve a question in regard to the article below where Sheikh Kutty replied. 

My question is : I am married from 12 years and going through IVF with my wife, unfortunately the first cycle was not successful for us. and the doctors here in US did cryopreservation of embryos and sperm. At the time of our first cycle I wasn’t aware they did cyro.. process it was not disclosed to me and but my wife was about about it.

I am about to fill out a form to discard all the specimen stored(cryopreservation of embryos or sperm) but my wife getting upset stating the hospital said by keeping embryos to save money and use for fertilization later on. Please advice what to do in the situation

Jazakallah for your time.

May allah guide all of us to the straight path. Ameen

I’ve asked my wife to go with the female doctor from the beginning as sharia permit but she went through male doctor for some reason during IVF first cycle to which I was shocked when I went with her. Have researching and found some other articles, the first one I’ve shared with her. http://islamqa.info/en/98604 https://islamqa.info/en/answers/117933/it-is-not-permissible-to-keep-embryos-or-fertilized-egg

A:

Wa `alaykum As-Salamu waRahmatullahi wa Barakatuh.

If there is a guarantee that the preserved embryos would be used for your use while you are married and alive, then there is no need to discard it. However, if you have concerns or doubts, then you ought to insist that the embryos should be discarded.

Shariah does not allow for surrogate motherhood or IVF unless it is done between the married spouses while they are alive. The Prophet (peace be upon him) said, “Halal is clear, and Haram is clear; there are some doubtful cases. Whoever shuns the doubtful is better enabled to guard his faith and honor.”

For details on IVF, let me cite here one of my earlier answers:

It is permissible for your wife to resort to in-vitro fertilization to conceive a child– provided the sperm and egg involved in the process have been extracted from both of you while you are still married and alive, and not from a third party.

To desire to have an offspring is a genuine human instinct. Islam is a natural religion which takes in to account all of the legitimate human instincts, and therefore it considers the desire to have a righteous offspring as a commendable one. The Qur’an tells us that the Messengers of Allah, who are the true role models of humanity, desired for the gift of righteous offspring and prayed to Him for the same. The Prophet Muhammad, peace be upon him, also taught us to pray to Allah thus, “O Allah! I ask of You to grant me the best of what You grant Your righteous servants: blessed offspring and wealth.”

It is no wonder then that Islam considers procreation as one of the stated objectives of marriage in Islam if, when and where possible. It is therefore lawful on your part as married couple to resort to all lawful treatments and therapies which may facilitate this. In-vitro fertilization is one of such methods; scholars who have deliberated on such issues, have ruled that resorting to it for conception is permissible so long it is done within the permissible boundaries.

The strict stipulations for the permissibility of in-vitro fertilization include the following: Both the sperm and egg involved in the procedure must be extracted from married couple solely for themselves. In other words, it is not permissible if, for instance, either the sperm or egg is taken from a third party or from them for the benefit of a third party, for both these procedures entail the grave sin of mixing the lineage and tampering with it, which is considered as akin to adultery. Likewise, it is forbidden if both the sperm and egg were taken from couple who were married once, but were divorced at the time of extraction and conception. The last case also involves procreation out of wedlock.

Therefore, as long as the above safeguards are taken, there is nothing unlawful about using the method of in-vitro fertilization in order to conceive a child. This has been the standard ruling adopted by various Fiqh councils in the modern world. Scholars have arrived at such a decision following due considerations of the evidences of the Shariah in this respect.

Almighty Allah knows best.