Infertility Treatment via In -Vitro Fertilization: A Juristic Analysis of Unwanted Embryo Destruction

  • Prof. Dr. Syed Sikandar Shah Haneef
  • Dr. Hayatullah Laluddin
  • Dr. Mohd Abbas Abdul Razak
Keywords : Embryo, In Vitro Fertilization, Gap, Juristic Discourse

Abstract

In Vitro Fertilization (IVF) has emerged as one of the most popular byproduct of Assistant Reproductive Technology (ART) in our time.  It has proven attractive to people across the globe for variety of reasons including infertility treatment and pre-natal sex selection. People of various cultures have reacted to its use in line with their own code of morality and religious values on human procreation, sexual purity and lineage exactitude. In the case of Muslims, its application for overcoming infertility has received general juridical approval with minimum number of caveats. A cursory of the existing fatwas, however reveals that the juristic deliberation on the implications of IVF in terms of destroying the excess embryos generated in the process is scanty. Accordingly, this study argues that if we equate legitimate use of IVF with natural way of human reproduction, then the ethicality of its casualties in terms of surplus embryo destruction should not be trivialized.

Author Biographies

Prof. Dr. Syed Sikandar Shah Haneef

Prof. Dr. Sayed Sikandar Shah Haneef  is currently associated with Kulliyyah of Islamic Revealed Knowledge and Human Sciences , International Islamic University Malaysia. His   Special Areas of Research are Islamic Family Law, Islamic Judiciary and Islamic Medical Jurisprudence. He has so far published 9 books and 97 articles in well reputed Journals.

Dr. Hayatullah Laluddin

Dr.  Hayatullah Laluddin is serving as a Professor at  Kulliyyah of Economics and Management, International Islamic University Malaysia. His Special Area of Research includes Fiqh al-Mu’amalat, Islamic Law of transaction and Halal Research, Islamic Economic, Islamic comparative Jurisprudence, Maqasid al-Shari’ah and Syasah al-shar’iah, Islamic public policy. He published 50 articles in different indexed Journal and three book reviews.   

Dr. Mohd Abbas Abdul Razak

Dr. Mohd Abbad Abdul Razak is currently working at Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia. His Special Area of Research include Islamic Psychology, Islamic Worldview and Islamic International Relations. He published 2 books and 47 research papers in different Journals of international repute.

UOCHJRS
Published
2019-12-29
How to Cite
HANEEF, Prof. Dr. Syed Sikandar Shah; LALUDDIN, Dr. Hayatullah; RAZAK, Dr. Mohd Abbas Abdul. Infertility Treatment via In -Vitro Fertilization: A Juristic Analysis of Unwanted Embryo Destruction. Journal of Religious Studies, [S.l.], v. 2, n. 2, p. 1-13, dec. 2019. ISSN 2663-0206. Available at: <http://jrs.uoch.edu.pk/index.php/journal3/article/view/114>. Date accessed: 26 sep. 2020. doi: https://doi.org/10.33195/uochjrs-v2i(4)1142019.