Married couples who cannot have pregnancy in a normal way are allowed to have in-vitro fertilization as long as the fertilized ovum is placed in the womb of the woman from whom the egg was taken (not a surrogate mother). The fertilization has to be done with the sperm of her lawful husband during their married life, not after divorce or after the death of the husband. This is the general conclusion of various Muslim jurists’ meetings that discussed this subject.
Having recognized that in-vitro fertilization is permissible in Islam, now the first question that we should ask is: should an embryo, which is formed within a few days after an artificial fertilization and is not yet in the womb of its mother, be considered a human being, with all the rights of a human being?
According to the Shari`ah we should make a distinction between actual life and potential life. Also we should make a clear distinction between the fertilized ovum in the dish and the fertilized ovum in the womb of its mother. Indeed an embryo is valuable. It has the potential to grow into a human being, but it is not yet a human being. Similarly there is big difference in having something in a test tube or dish or something in the body of a human being. As mentioned above these embryos were developed initially in the laboratory solely for the sake of reproduction and, due to limitations of the in-vitro fertilization technique, they were produced in excess of what was required for this purpose. As a result, the remaining embryos would have either been frozen indefinitely or destroyed. If these embryos were treated as full human, it would have been forbidden to produce them in excess and to destroy them later. No one treats them as humans. Destroying such embryos is not called and cannot be called abortion. We disagree with the Catholic position that this is “equivalent to infanticide”.
Muslim jurists have made a clear distinction between the early stages of pregnancy (first 40 days) and its later stages. It is mentioned that if someone attacks a pregnant woman and aborts her baby in the early stages of her pregnancy, that person’s punishment will be less than that of the person who does that during full pregnancy. And if he kills the child after the birth, then he is liable to be punished for homicide.
The second question is: according to the Shari`ah, is it acceptable to destroy an embryo for the sake of research, even if this research can potentially cure many otherwise fatal diseases?
Our answer is that the embryo in this stage is not human. It is not in its natural environment, the womb. If it is not placed in the womb it will not survive and it will not become a human being. So there is nothing wrong in doing this research, especially if this research has a potential to cure diseases. However, it is important that we establish strict rules against the misuse of embryos. Research on embryos has the potential for misuse, for instance in regards to the donors of these cells, and we should anticipate what these misuses might be and establish safeguards against them. (For example, doctors might have infertility patient go through extra cycles of ovulation just so they can obtain more embryos, or they might pay women to produce embryos, or embryos might be obtained without the consent of the donors.)
In making rules the authorities should also clarify that there is a difference between the use of “spare” embryos from in-vitro fertilization procedures which would be destroyed regardless, as compared to the deliberate production of embryos for stem cell research. Each year thousands of embryos are wasted in fertility clinics around the world. Such embryos should not be wasted, they should be used for research.
It is also good to encourage the research on the alternative: to use adult stem cells instead of embryonic or fetal stem cells. This would be much less controversial. However, it seems from the discussion of the experts in the field that adult stem cells are not nearly as useful as embryonic stem cells in their ability to give rise to different cell types and would therefore not be as applicable in treating many diseases.
Until more research is done on this subject and Muslim scholars deliberate in detail on various aspects of this research, humbly following recommendations are in order:
1.It is claimed by the experts in the field that the research on stem cells has great potential to relieve human disease and suffering. If this is the case then it is not only allowed but it is obligatory (fard kifayah) to pursue this research.
2.The use of embryonic stem cells should be very heavily limited, by confining it to the isolation of stem cells from frozen embryos that were created for the purpose of in-vitro fertilization and would otherwise have been destroyed. In addition, full consent must be obtained from the donors, and there must be safeguards against monetary compensation to embryo donors and against the creation of embryos in excess of what is required for in vitro fertilization.
3.Perhaps research using stem cells derived from adults will eventually prove to be most promising. We should encourage further research on the use of adult stem cells, to the point where it will be unnecessary to use embryos for this purpose. Specifically, we should find better ways to isolate existing stem cells in the human body.
Fundraising for Stem Cell Research:
Giving a fatwa on raising funds for stem cell research,Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states the following:
As we know that the fatwa regarding stem cell research has permitted only a limited use of this kind of research for curing some fatal diseases, and on this basis we can say that conducting fundraising for this kind of research is allowed only if the research will apply the rules of Shari`ah and will not be abused. The raising of funds has to go through certain Muslim organizations that should make sure there will be no misuse of the research. But if the potential treatment would not behalal, then it isharamto promote it or support it by raising money for it.
Also, if there is possibility that the research will be abused to do something which is against Islam, then raising funds for it isharam. We can support and raise funds for the stem cell research only if we are sure about the use of this research in treating human diseases.