Nasab (filiation) of children in assisted reproductive technology (art) under the Sharīʿah discourse

• Main Authors: Zawawi, Majdah, Mohd, Azizah, Hussain, Bilal
• Format: Article
• Language: English
• Published: IIUM Press 2024
• Subjects: BPK Islamic law. Shari'ah. Fiqh
• Online Access: http://irep.iium.edu.my/112724/2/112724_Nasab%20%28filiation%29%20of%20children%20in%20assisted.pdf; http://irep.iium.edu.my/112724/; https://journals.iium.edu.my/iiumlj/index.php/iiumlj/issue/view/88; https://doi.org/10.31436/iiumlj.v32i1.911

Sharīʿah emphasises safeguarding nasab (filiation) because all other rights and responsibilities rely on the legitimacy of the children. Biotechnological human procreation creates several ethico-legal challenges, including the filiation of ART-resulting children and threats to the concept of family in Islam. To protect children’s rights, this paper conducts a textual study on Sharīʿah sources and their application by Muslim jurists to deal with issues of filiation in ART-births, particularly those involving controversial events. Significantly, it analyses how maternal and paternal relationships are established in various scenarios, including assistance from co-wives, the use of preserved embryos in cases of divorce, death, or mafqood-ul-khabar (a missing person without news), and donation practices (sperm, eggs, or uteri). Essentially, the research examines the question of whether the nasab determining Sharīʿah principles are sufficient to overcome filiation issues in ART or not. Utilising a qualitative research paradigm, this study employs a library-based methodology to conduct a thorough analysis of primary sources, comprising the Qurʾān, Sunnah, subsidiary sources, and relevant literature. Notably, the article highlights the position of Muslim countries practicing Sharīʿah in addressing ART-related issues. The study concludes by putting forward a novel approach to the ongoing discourse on the harmonising of Sharīʿah, family law, and emerging reproductive technologies.