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

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Authors: Afrah Abdul-Karim Khalil
Cited by: 0

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.

Fields of Study & Subjects

Medical Research and Islamic Perspectives Family and Matrimonial Law Medical and Health Sciences Research

Publication details

Journal / source
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Volume
6
Issue
1
Publication date
2 March 2026
Language
EN