The Luristic and Legal Ruling on the Use of Embryos after the Dissolution of the Marital Relationship

This research addresses the juristic ruling on the use of fertilized embryos in assisted reproduction after the dissolution of marriage due to death or divorce. It examines the balance between the wife’s desire for motherhood and the Sharīʿah requirement of maintaining a valid marital bond. Using a descriptive, analytical, and inductive approach, the study reviews contemporary juristic opinions and resolutions issued by fiqh councils. It concludes that both statutory law and the majority of jurists prohibit such use after marital dissolution in order to prevent confusion of lineage. Preserving lineage and family stability takes precedence, and assisted reproduction is deemed permissible only within the existence of a valid marriage.

Authors

Publication Details

Journal
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Published
2026-03-02
DOI
https://doi.org/10.64682/3104-9419.1120
Primary Topic
Reproductive Health and Technologies
Type
article
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article

The Luristic and Legal Ruling on the Use of Embryos after the Dissolution of the Marital Relationship

Afrah Abdul-Karim Khalil
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Reproductive Health and Technologies
article

The Luristic and Legal Ruling on the Use of Embryos after the Dissolution of the Marital Relationship

Afrah Abdul-Karim Khalil
article en

Abstract

This research addresses the juristic ruling on the use of fertilized embryos in assisted reproduction after the dissolution of marriage due to death or divorce. It examines the balance between the wife’s desire for motherhood and the Sharīʿah requirement of maintaining a valid marital bond. Using a descriptive, analytical, and inductive approach, the study reviews contemporary juristic opinions and resolutions issued by fiqh councils. It concludes that both statutory law and the majority of jurists prohibit such use after marital dissolution in order to prevent confusion of lineage. Preserving lineage and family stability takes precedence, and assisted reproduction is deemed permissible only within the existence of a valid marriage.

Imam Ja afar Al-Sadiq University Journal of Legal StudiesVol. 6(1)
Gender equality
Openalex Percentile: Top 32%
Reproductive Health and Technologies
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