Fertility, family planning and IVF

1Foundations: children as a gift and as an effort

• Encouragement to have children — "Marry women who are loving and fertile" (narrated by Abu Dawud 2050 and an-Nasa'i; sahih). Preserving lineage (hifz an-nasl) is one of the objectives of the Shariah (maqasid syariah).
• Allah's decree — "He grants daughters to whom He wills, sons to whom He wills… and makes barren whom He wills" (Surah asy-Syura 42:49–50). Infertility is neither a sin nor a disgrace, whether in a man or a woman.
• Seeking treatment is permitted — "Allah has not sent down any disease without sending down its cure" (Sahih al-Bukhari 5678). Fertility treatment falls within this effort.
• The prayer of the prophets — the Prophet Zakaria a.s. prayed for offspring even though his wife was barren (Surah Maryam 19:4–9).

2'Azl and family planning

Jabir r.a. said: "We used to practise 'azl in the time of the Messenger of Allah ﷺ; news of it reached him and he did not forbid us" (Sahih Muslim, Kitab an-Nikah). In another narration: "…while the Qur'an was still being revealed" (Sahih al-Bukhari 5208; narrated by Muslim).

The hadith of Judamah binti Wahb, which describes 'azl as "hidden infanticide" (Sahih Muslim, Kitab an-Nikah), is understood by the majority as indicating that it is disliked (makruh), not forbidden, when read together with the hadith of Jabir.

3Permanent sterilisation (vasectomy, tubal ligation)

The majority of contemporary scholars, including the Majma' al-Fiqh al-Islami (OIC) and the fatwa position in Malaysia, hold that permanent sterilisation is forbidden (haram) except in cases of medical necessity — for example where a specialist confirms that a further pregnancy could threaten the mother's life or cause her serious harm.

• The decision should be made jointly by husband and wife, based on the advice of at least one trusted specialist.
• If an equally effective temporary option exists, it takes precedence.
• The National Fatwa Committee Conference No. 12 (20 February 1977) decided that sterilising a man or a woman is haram; that decision does not mention an exception. The Selangor State Fatwa Committee (13 September 2000), for its part, permits tubal ligation in a situation of necessity, and prohibits removing the womb except in a situation of necessity on the advice of a specialist doctor.

4Abortion: stages of pregnancy and differences of opinion

Ibn Mas'ud r.a. narrated that the creation of a human being is gathered in the mother's womb for 40 days as a nutfah, then an 'alaqah, then a mudghah, then the angel is sent to breathe soul into it (Sahih al-Bukhari 3208; Sahih Muslim, Kitab al-Qadar). From this the scholars set ensoulment at 120 days (about 17 weeks from fertilisation).

5IVF and fertility treatment

Fertility treatment, including IUI (intrauterine insemination) and IVF (in vitro fertilisation), is permissible on the following conditions, as decided by the Muzakarah of the National Fatwa Committee (No. 5, 16–17 November 1982; see also No. 1, 28–29 January 1981, on sperm banks) and the Majma' al-Fiqh al-Islami (OIC) Resolution No. 16 (4/3), 1986:

1. Only the husband's sperm and the wife's egg.
2. Within a valid and still subsisting marriage.
3. The embryo is placed in the womb of the same wife whose egg it is.
4. The procedure is carried out by trusted specialists with measures to prevent samples being mixed up.

Uncovering the ʿawrah before a doctor is permitted out of need, with preference for a doctor of the same sex where available.

6What is forbidden: donors and surrogacy

All methods that involve a third party are forbidden because they mix lineage and resemble zina in their effect:

7Freezing embryos, sperm and eggs

• Frozen embryos — may be stored for use by the same couple during the marriage.
• After divorce or the husband's death — it is forbidden (haram) to transfer embryos to the womb of the former wife or widow, because the marriage bond has ended; the pregnancy would no longer take place within a valid marriage. This is the position of the Majma' al-Fiqh al-Islami and of fatwas in Malaysia.
• During the ʿiddah of a revocable talaq — it is safer to postpone until rujuk has been validly carried out.
• Surplus embryos — may not be given to another couple or used for unrestricted research; the Majma' al-Fiqh al-Islami (Resolution No. 55 (6/6), 1990) decided that only the number of eggs needed should be fertilised to avoid a surplus, and any surplus that exists is to be left without medical care until its life ends naturally.
• Freezing eggs/sperm — permissible for married couples, for example before cancer treatment, for use within the same marriage. For unmarried women: the National Fatwa Committee Muzakarah No. 56 (7 May 2003) decided that combining gametes taken before the marriage contract is haram even if they are combined during a valid marriage. According to a BioNews report (31 October 2022), a fatwa in August 2022 specifically prohibits elective egg freezing by unmarried Muslim women; (consult your state mufti's office for the details of the 2022 fatwa).

8Pre-marital health and genetic screening

• HIV screening — required by the state Islamic religious administrations in Malaysia as a procedure before permission to marry; a positive result does not remove the right to marry, but the couple are given counselling.
• Thalassaemia — Malaysia has a significant carrier rate. If both spouses are carriers, each pregnancy carries a 25% risk of a child with thalassaemia major. Blood screening (FBC, i.e. a full blood count, and haemoglobin analysis) is strongly recommended.
• Cousin marriage — valid in the Shariah, but genetic counselling is recommended if there is a history of hereditary disease in the family.
• Ruling — screening is permissible and encouraged as a precaution (sadd adh-dhari'ah, closing the door to harm); it is not a condition for the validity of marriage, and the decision remains with the couple after counselling.

9Practical guidance

1. Not yet pregnant after 12 months (or 6 months if the wife is over 35) — get both spouses examined.
2. Choose a clinic that follows Shariah guidelines and ask about its sample-labelling procedures.
3. Keep a valid marriage certificate — clinics in Malaysia usually ask for it before IVF.
4. In polygyny, one wife's fertility treatment is funded as part of medical maintenance according to means, without wronging the other wives.
5. Look after your emotions — infertility causes great strain; seek counselling and avoid blaming your spouse.

Sources & references