The Decree of Embryo Donation from the Perspective of Islamic Jurisprudence

Document Type : Original Article


1 M.Sc. of Jurisprudence and Islamic Law, Faculty of Islamic Sciences and Researches, International University of Imam Khomeini of Qazvin, Qazvin, Iran.

2 Assistant Professor, Department of Theology and Islamic Thought, Faculty of Theology and Islamic Thought, University of Qom, Qom, Iran.

3 Lecturer, Department of Theology and Islamic Thought, Payam Noor University of Nahavand, Department of Jurisprudence and Islamic law, Nahavand, Iran.


Introduction: In treatment of infertility, widespread efforts of medical specialists and embryologists have brought innovative methods to solve this problem.  One of these methods is artificial fertility by embryo donation. In this process, due to the couple's infertility, another couple's sperm and ovum are taken and fertilized through in vitro fertilization. By specialists control and supervision, ovum get fertilized (Zygote) and in a time about 72 hours, Cell proliferation gets started. Finally, when the fructuous ovum is turned into about 6 to 8 cells (considering that the uterus is fertilizable), the embryo is transferred to the woman's uterus for natural growth. From the perspective of Islamic jurisprudence, this is a controversial method that prompted some reactions from jurisprudents. In this context the following questions are raised: whether Embryo Donation is legitimate or not? In what circumstances the decree is supposed to be permitted? In the condition of legitimacy of Embryo Donation, isn’t it an intervention in god creation? Citing jurisprudential evidences and documents, the present study is intended to prove the relative legitimacy of Embryo Donation and respond some ambiguities related to this area.
Methods: This is a documentary research and a descriptive study with the help and relying on leading books if jurisprudence and rights of Shiites and other Islamic religions and also by referring to the legal and adjustment with jurists vote try to prove the theory.
Results: Couples donate embryos due to distress and hardship. These are the factors that can replace the primary verdict issue with a secondary issue. Therefore, embryo donation is not exempt from this provision.
Conclusion: Embryo donation process is not absolutely forbidden.