LEGALITY OF IN VITRO FERTILIZATION SYSTEM AMONG THE COUPLES IN ISLAMIC LAW

Abstract

The traditional problems associated with childbirth had drastically reduced with the emergence of Assisted Reproductive Technologies (ART) and considerable advancement in the field of embryology and bio-medics in which In Vitro Fertilisation (IVF) is one of them. This innovation came about as a result of the need to cure infertility. This paper examines the legality of intro fertilization system in Islamic family Law. The study adopted the doctrinal method of legal research by conducting a qualitative content analysis of primary and secondary sources of materials. The primary sources include the Nigerian 1999 Constitution, Quran, Hadith and the Sunnah. The secondary sources include Ijm’a (consensus of Opinion), Qiyas (Analogical Deduction), books, journals and other text such as articles from newspapers, magazines and computer aided electronic research (internet) like Westlaw International and Lexis Nexis. The paper found that the practice of In vitro fertilization system has been in practice among Muslims for decades and it is permissible in Islamic Family Law with strict regulation of its uses. The paper concludes that its practice has been proven to have procure over 5 million babies. The paper recommends that it is important to educate Muslims that would want to take advantage of IVF treatment as to the extent of the permissibility and its use.