Reproductive Rights and Religious Ethics: The Legal Status of Artificial Insemination under the Nigerian Constitution and Islamic Law

Abstract

Islamic law allows assisted reproduction through certain conditions, based on independent juristic reasoning, if the process does not conflict with the core values of Islamic law. Artificial insemination exists as a controversial practice in Nigeria because it meets resistance from conflicting laws and moral codes of Islamic teachings. Nigerian Muslim couples dealing with infertility face a dilemma when medical technology provides artificial insemination because religious and legal guidelines remain unclear. Does artificial insemination pass Islamic Law standards? What is the legal status of a child resulting from artificial insemination procedures? This paper demystifies the legal position of artificial insemination practice within Nigerian law and Islamic jurisprudence. Islamic scholars who grant permission for married couples to use their biological material for reproduction at the same time condemn outside sperm and egg donations because they fear these practices will distort genetic lines.  Nigerian law lacks clarity regarding the new technologies used by Assisted Reproductive Technology in defining who qualifies as a parent. Section 25(1)(b)2 of the Nigerian constitution recognizes heterosexual relationships as conventional parenthood. Nonetheless, that is a precarious assumption as it implies that there are no legal stances for children conceived through non-natural methods. The paper uses doctrinal research methodology to investigate assisted reproduction issues by studying both Nigerian regulatory frameworks together with Islamic Jurisprudential views. The results show that the lack of definite laws leads to unclear situations which demand quick legal adjustments to resolve the conflict. The paper calls for new laws to support Nigerian and religious perspectives.