In Vitro Fertilization IVF & its Conditions – Ask Shaykh YQ #218

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Yasir Qadhi

Channel: Yasir Qadhi

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hour to sell me Kobe, deca Reja learn No Hey lay him first.

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rickety

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our first question for today I've actually gathered together four or five questions all about the same topic of in vitro fertilization or IVF. So and these are a little bit more specific than the generic question. So, sister asthma emails saying that she already has given birth to some children naturally at hamdulillah. But some issues happened and she can no longer have any more children. So she's asking that in this case, is it permissible to utilize the IVF procedure? Or would it not be permissible because she already has children? Sister camote own from UK Amato Cameroon from the UK is a very specific question saying that

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her husband and her were trying for many years to have children via the IVF. But they were not successful. The husband has recently passed away, we asked Allah to forgive him. But she's saying now that the sperm is still stored. And according to the laws of the country she lives in, she has the right to access that. And they were married at the time of his death. So Can she use his sperm given that she's still under the ADA, and Sister meesha emails that she has been diagnosed with a rare type of specific ailment that affects her ovaries, doctors are saying that everything is normal except for egg production. So the doctors have said that she should take a donor's egg and her

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husband's sperm and then put it into her own womb, and they will have the baby from her womb. She is saying is this permissible? And the final question of this series brother Mateen says that, during the IVF process, the doctors have told him that they can choose the gender of the baby he wants, and that they will do this, they're going to be checking the sperm anyway for vitality and whatever. So it's not going to make any difference to them. If he wants, they said that they can basically select the gender. And so is this permissible? Now, these are a whole bunch of series of questions about IVF in vitro fertilization, and I have given a longer q&a with a specialist Dr. Hatem, el Hadji will

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find it on my YouTube channel, you'll find it on the YouTube channels that you're watching this video from. And Dr. hochiminh, Hajj is not only a scholar, he is also a licensed medical practitioner and a specialist in medicine and also in the Sharia and had a very, very lengthy q&a about many aspects of the field of medicine. And this was one of them. So you can listen to that, you know, lecture for more details. But I do believe that, you know, these specific questions should be addressed more

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more in line of the questions that are being asked IE going into a little bit more detail. And of course for those who who are who are not to where a brief summary, in vitro fertilization IVF is basically a procedure in which the mature eggs are collected or retrieved from a woman's ovaries and fertilize via a sperm that has also been collected from the man, the actual fertilization does not take place inside of the uterus, it takes place in a lab or in a glass cylinder in vitro means it's in a in a glass cylinder. And then the fertilized embryo is then transferred to a uterus. And this is a relatively modern procedure. The first time actually it was done successfully was in England in

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1978. And by the way, the lady that you know, the child that was born a young girl, that lady is still alive and healthy and living her life so and she's in her mid 40s. Now, so it's relatively recent procedure 1978 and therefore, because of this, you're not gonna find any classical fatawa what you will find is modern fifth councils looking into this issue. And a number of fifth councils have looked into this issue since the 1980s. And pretty much all of them pretty much all of them, they have allowed it with a series of conditions that as long as these conditions are met to then it is permitted. And the most famous, perhaps one of the earliest councils to do a thorough study was

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the merger model 50, which is attached to the Robert ulimate Islami This is known as the International Islamic Fiqh Academy. And this is perhaps one of the largest bodies of scholars from diverse theological schools, diverse field schools and diverse geographic schools. It is probably one of the most if you like mains

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stream representatives of global Islam, and therefore their fatwa should really be looked up to and considered to be something that is very relevant and pertinent. They only look at modern issues. They don't look at, you know, stuff that has been there done that look and modern issues and in 1987. in Jordan, they meet annually in 1987. They had an entire session about the IVF issue in vitro fertilization, and they gave a very detailed fatwa, which they then updated in 1990. To take care of more scenarios and more What if so, they have two detailed photos, they're overlapping, they're not contradictory. The 1987 one is a little bit more basic than 1991 went into more scenarios and

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details on both of these photos are available on their Arabic websites. I don't think they're in English. And what I'm, what I'm about to tell you is basically a summary of all of these questions that have been asked to me a summary of what the minefield that is now me or the International Islamic faith Academy has said, and their fatwa explicitly forbids the usage of the sperm of any donor, except for the husband, and the usage of the eggs of any donor other than the wife, and that the ovaries are the uterus of any lady is used other than the wife. In fact, the fatwa even says, if the man has two husbands, then he cannot take the eggs from one and then implant in the uterus of

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the other. This is what the federal explicitly says that if we're going to permit IVF, then it must be done in the valid Nick, it must be done between a husband and wife. And that is it, no third party can be involved, only the fertilization can take place outside the body. And so the sperm and the eggs are then fertilized in vitro and then placed back into the uterus of the wife, the wife in this marriage, and then this would be permissible. Now a number of conditions are given, perhaps the main one is that the doctor should be a God fearing pious Muslim, as much as possible. If you have to, if you're able to find when a Why is this Muslim condition put the response is very clear. And

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that is that we believe that that a person of a man is going to is going to be morally conscious of a higher power that he has to answer to Allah subhana wa Tada. And of course, the fatwa says, If you can't find one, then you do your best to find a reputable doctor that you trust a doctor whose reputation is well known. And he has a track record of honesty don't go to some shady person or whatnot, or some person who doesn't have any reputation just starting off know the reason for this actually, we really cannot underscore how important it is. There have been multiple cases around the globe. Now with DNA testing becoming common. There have been so many scandals that are emerging from

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the 80s and the 90s. And and the scandals are that the doctor was not honest in whose egg it was, or more commonly whose sperm it was. And there was one very famous case here in America, which is still being tried in courts here. And there were one especially nefarious doctor never used the sperm of the husband, he used his own sperm. And now he has sired over 75 I believe children across America, they don't even know how many we they're discovering every few. He was a you know, a doctor that specialized in this a woman would come down from all over the country, when a time when it was very rare. And he used his own sperm. And because of this, obviously, I mean, understandably, when they

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did DNA tests, and the children are wanting to find out stuff, they discovered that the person they thought is their father is not their father, rather, the doctor is, you know, their biological father. And of course, these types of scandals really should cause us to understand why these fatwas put this condition of a God fearing with a doctor, a doctor who believes in a lion has to answer to Allah subhana wa tada because it is an Amana because at the end of the day, you're not going to be there in the lab, you're not going to be there to see so we have to have that trust in that person. Now, if we cannot find a reputable Muslim doctor, we go to a doctor whose reputation is known and

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who inshallah tada society has deemed you know that this is a person who is of the highest caliber and the highest integrity now to answer the specific questions that all of these people have asked. First and foremost, it is not a condition for IVF that is only done when you cannot have children or you don't have any children. And if the couple has had children naturally, biologically, naturally, and then for because of some impediment, she cannot have any more children without resorting to IVF. It is permissible, if they wish to have more children, and they think it's going to be better for their Deen and their dunya. And the general rule is that having more children is encouraged in our

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shadia. So the fact that they are that they already have

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children that are naturally born is not a factor that prevents them from them from then having more children via IVF. Also, the sister who asked about the husband who's passed away, the footwear that was given in 1990, the updated factor was very clear in this regard. And that is that it is not allowed. It is not allowed to use the sperm of the husband who has passed away, even if she is in her. And that is because while so there's a big controversy amongst them without Him that does the nica break with the death of the husband or whatnot. And, you know, this is beyond the scope of this q&a. But the nica does not break per se, but it is a different stage. And in that stage, the spouse

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can see the body of the other spouse if need be, if there's nobody else to wash, the spouse can wash the body of the other spouse if there's nobody else to do that. And obviously, in the case of the lady, there will be an ID of four months and 10 days, after which he is free to remarry. And even if she chooses not to marry her legal relationship with her husband in this dunya ceases to exist, he is considered dead inheritance will be immediate, for example. And so, the notion of then taking a sperm that has been frozen from the husband that is now diseased, it is as if the outcome would be that the husband is alive, no, it is not allowed. So regardless of whether she's in her head or not,

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it is not allowed to use his sperm to inseminate the wife at this stage, it can only be done when both spouses are alive and the marriage contract between them is valid, it is a valid marriage contract and they are together then it can be done once the husband has passed away then actually his sperm should be destroyed. There is no need for it It cannot be used for any other purpose. We do not believe in donating eggs to strangers donating sperm to strangers. It is how long unequivocably how wrong you are tampering with biology or tampering with childhood lineage or chat tampering with the concept of family IVF is about hura permitted to husband and wife within a valid

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nikka it can never take place outside of an acre or if then it guys who come in this dunya seizes even if it remains in the archive because again the notion comes if she doesn't remarry and then she passes away insha Allah with added this nigga will be valid in the Hereafter, okay, they will be husband wife in the hereafter j that's in the hereafter in this world. We cannot say that she is married anymore, she is not married, her husband has passed away and the helcom will be her husband is not to live the verdict. And once the verdict is that then the the ruling about using his sperm will also be completely removed. There is no question about this that she cannot use. The sperm of

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her husband wants to death has occurred. Now as for the question of using another donors egg, or another lady's uterus, or if we can add here another person sperm. Again, across the globe, every fifth counsel that has you looked at this every movie that I have looked up every shift that I know every one has said absolutely unconditionally impermissible. I am not aware of any fifth council that has allowed another third party whether it is the egg donation, whether it is the sperm, whether it is the usage of the uterus, that you rent a uterus or somebody volunteers. In fact, in the 1995, the Film Academy explicitly said even if the man has two wives, and the one wife is

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willing, and the one wife is, is cooperating, saying all you can use my uterus and the other wife gives the egg even then it would not be allowed because you're breaking and tampering with the biological notion of the mother and the father. So if the husband and wife are trying and trying and they are told, for example that because see the IVF then there's multiple reasons why people resort to it, I mean, perhaps some of the more common ones, the husband's sperm isn't concentrated enough. And so the doctors take it out, and they make it more concentrated his sperm, they make it more concentrated, and they then take the the fertilized egg or the egg is not extracted properly from

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the ladies over so they extracted or it doesn't plant in the uterus and the right way so the doctors will plant it manually in the right way. So as long as these are the factors and husband wife can get by together No problem. However, if what is impeding the child to be born or conceived, I should say is a factor that requires a third party. So in some men, they simply do not have any sperm. In some women they do not produce any eggs and other women their uterus simply cannot be a place for the child to grow for some biological or medical purpose. If this is the case, the husband and wife have no

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No option other than to continue to make dua to Allah and pray for a miracle and we believe in miracles and pray and pray and pray until they are elderly like Ibrahim and soudha prayed and like Zachary, and his wife prayed until they are old and if Allah blesses them he'd in this world hamdulillah If not, then they look forward to the hereafter. We can't get everything we desire, we have the right to desire we have the right to make do but there must come a time where we accept Allah. You know, as somebody wants to be a multi billionaire, he has the right to desire and make dua to Allah give me this pylon, okay. But if it doesn't happen, you must accept Allah as other as

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well. And no doubt it is natural to desire children. And if it happens at hamdulillah If not, then we must accept Allah. As Allah says in the Quran, ye hai Romagna akima in the holy yoga de he decides who has no children, he is an ID and I'll do the last point in this q&a. As for choosing the gender of the child, the father of the Islamic field Academy says that it is not to be encouraged and that it is really not desirable to open up this door. But that in and of itself, it is not sin for as long as one is not doing it for the Jedi mentality of preferring sons over daughters because you think that the daughters will not bring blessings or whatnot. As long as it's not done with that

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Jedi mentality. No, you want to son for reasons that are held out a daughter for reasons that are held out without looking down at the other gender that oh, this is superior to the other the way that the Jahangir Adams did that and of course this opens up a gray area What if this What if that but overall, if you're near for choosing the gender is pure, then the fatwa says that it is not sinful? mcru It is best to avoid and I would definitely say we should not open this door and rather let Allah azza wa jal. You only choose for you what Allah chooses will be best for you. And this answers our first question about IVF

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