5th December 2016
السلام عليكم و رحمة الله و بركاته
Question: A particular sister intend to become pregnant from a donor. My questions are as follows;
- Is it necessary upon her to have a Nikāh done with this donor? I am just thinking wouldn’t such an action without a Nikāh have implications on things like inheritance and who is a mahram, and who is not?
- Is it permissible to have a Nikāh just for something like this? Would it be valid?
- Will she have the Islamic right for a divorce because that’s what she intends to, she has no intention to live her life with a man, but merely wants a child.
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
As a point of principle, the only person a woman is allowed to receive a sperm from is her husband. Bearing children is a joint responsibility of the husband and wife requiring careful and skilful nurturing to safeguard the child’s welfare. A single mother would struggle to maintain this balance of nurturing without the life-long support from her husband. Marrying only for children and then to divorce upon the fulfilment of one’s needs is morally wrong. Marriage is a permanent union and should not be treated lightly. Once this is understood, the answers to your queries are as follows;
1) Yes, an Islamic Nikāh is fardh (obligatory) if she wants to have children. Randomly selecting a semen will not have implications on inheritance, mahram etc because the lineage will not be established to the donor outside of wedlock.[1] For the above factors to apply, Nikāh is necessary. But as pointed out, such method is not permissible.
2&3) She cannot simply have a Nikāh done for having children and thereafter request for a divorce. This conflicts with the general spirit of Nikāh in Islām because Nikāh is a lifelong commitment even after having children.
[Allãh Knows Best]
Written by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department
[1] Fatawa Hndiyyah Kitāb Talāq – Fasl fi Thuboot Nasab, vol 1 p. 564
وَلَوْ زَنَى بِامْرَأَةٍ فَحَمَلَتْ، ثُمَّ تَزَوَّجَهَا فَوَلَدَتْ إنْ جَاءَتْ بِهِ لِسِتَّةِ أَشْهُرٍ فَصَاعِدًا ثَبَتَ نَسَبُهُ، وَإِنْ جَاءَتْ بِهِ لِأَقَلَّ مِنْ سِتَّةِ أَشْهُرٍ لَمْ يَثْبُتْ نَسَبُهُ إلَّا أَنْ يَدَّعِيَهُ وَلَمْ يَقُلْ: إنَّهُ مِنْ الزِّنَا أَمَّا إنْ قَالَ: إنَّهُ مِنِّي مِنْ الزِّنَا فَلَا يَثْبُتُ نَسَبُهُ وَلَا يَرِثُ مِنْهُ كَذَا فِي الْيَنَابِيعِ.