311: Ruling on Artificial Insemination and Child Adoption
*QUESTION
_Assalaamu Alaykum
” Kindly assist with these 2 questions, a friend asked me since last week but I’ve been busy. I said I will furnish d answers tomorrow, so pls akhi work on them asap_ 🙏🏾.
_Assalaamu Alaykum My Brother_Critical Issue and Question_
_A Muslim sister in a certain Community got pregnant, the Muslim leaders in that Community decided to discipline her since she was not married. When the elders of the Community met her, she told them that she has stayed in the Community for years and no one is ready to marrying her and she is getting to the age were she can’t get pregnant if married…_
_So she went and did artificial insemination since she wants a child. She provided the medical documents that showed that she has done the artificial insemination. The Sister is pregnant without committing fornication nor adultery. What is the Islamic Perspective on this matter? Give reasons for your answer._
_2)Is Adoption permissible in islam? I’m aware we could only do foster parenting”_
*ANSWER*
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh.
While we apologize for a delay in response to this question, we also want to point out a few things.
1. It is very wrong to ask Questions in Islām from Ulamā in the form of Quizzes.
2. It is also very wrong in Islām to ask questions in a challenging way like the brother who sent the questions to you did.
We hope that will he noted and corrected.
To proceed to answer the question, I say, relying upon Allāh:
The Questioner based his question and argument on a very wrong premise. And that is his definition of *Zinā*.
Know that in Islām, Zinā does not only involve penetration, it also involves insemination. This is because the result of penetration and insemination, with full chances is the same: conception.
Just as Allāh does not permit the penetration of a non-husband, the insemination of an illegal semen is Harām.
This is based on the Qā’idah (Precept) in Fiqh that says:
العلة تدور مع الحكم وجودا وعدما
_The Causative Factor that necessitates a Ruling always necessitates same Ruling wherever it is found_
It is known that of the reasons for the illegality of Zinā is unsanctioned insemination.
And Allāh knows best.
As for Child Adoption, there is nothing wrong in it as long as there are no deceptions on the Child’s parent name and parenthood.
And Allāh know best
Bārakallāhu fīkum
Jazākumullāhu Khayran
Answered by Abu Aasim
9th dhul Hijjah 1438A.H
📚 *IslamNode*
