Is performing in-vitro fertilization (IVF) or artificial insemination, in which an egg is taken from the woman and sperm from the man for fertilization, then returned to the woman's womb, considered a رجعة (resumption of marital relationship) for a woman who has been divorced once, and if pregnancy occurs, does her waiting period (iddah) extend until she gives birth, or is it considered a رجعة for her?
First: Artificial insemination is a serious matter, and caution must be exercised when performing it.
Second: Scholars differed regarding the occurrence of revocation (rajʿah) merely by action. The Hanafis and Malikis hold that it is valid by action. As for the Shafi'is, they do not consider its validity by action at all. While the Hanbalis consider its validity through sexual intercourse, but not its مقدمات (preliminaries). The most evident opinions state that it occurs by action if the intention of revocation is present.
Third: Based on the above, if the husband intends revocation, it is permissible for them to perform the artificial insemination procedure. His intention for revocation is sufficient, although verbalizing it is better and more cautious. If he revokes her by word or by action with the intention, then she has returned to his marital bond. However, if he does not intend revocation, then it is not permissible for him to perform artificial insemination with her while she is divorced.
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- Original fatwa ID
- 5978
- Imported
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- Source text, unreviewed
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