Who is your Mother? Who is your Father?: Assisted Reproductive Technologies in the Light of Sunni and Shi‘a Law

Abstract

In trying to overcome infertility, Muslims must weigh the options afforded by Assisted Reproductive Technology (ART) against the rulings of Islamic jurists. The most controversial aspects of ART within Islam are the use of third-party genetic material such as sperm or egg donation, and the use of surrogate ‘mothers’. Generally speaking, if someone outside of a marriage contributes genetic and/or gestational assistance, it can be viewed as an adulterous act under Islamic law. This is the collective Sunni view – and one that is held by many Shi‘a – and is based on traditional legal interpretation. Some Shi‘a jurists, however, allow ART by using personal ijtihad to find, for example, that the asexual nature of the transference of genetic material precludes the label of adultery. In this paper, through an examination of Islamic rulings in a number of Muslim communities on various ART procedures, it is suggested that the tendency towards ijtihad is the dividing point between the majority and minority views on this topic.