Shariah Conditions for Permissibility of Fertility Procedures

Conditions for Permissibility of Fertility Procedures (like In Vitro Fertilisation and Intra Uterine Insemination)

-Three specialist doctors should have concluded that the wife can conceive only through assisted reproductive technology and it is the only source of procreation for the couple. 

-The procedure should be carried out only during the period when the Nikah of the couple is intact.  And if the marriage has been terminated due to the death of the husband or divorce, etc., then these procedures cannot be carried out.

-It should be done by a trustworthy Muslim lady doctor, and if this is not possible, then a non-Muslim reliable lady doctor can perform this process, in case it is not possible, then a trustworthy Muslim male doctor can perform it, and if it is also not possible, then a non-Muslim trusted male doctor can do it.

-For this process, doctors should get written consent from the husband and wife, and inform them about the situation and all the stages of this process. The lineages should not be mixed with the mixing of sperms. For this, only the sperm of the husband should be used and special care should be taken to ensure it.

-The sex of the foetus should not be selected by the IVF. 

-IVF should only be done for the couples who do not have any children.

-Great care should be taken to ensure that there is no possibility of error or mix-up.

 -And the procedures on the wife should be carried out in the presence of the husband. (Al Mausu'ah al Tibbiyah al Fiqhiyyah, madah hamal: 379, 380)

 [From Jadeed Tibbi Masail of Mufti Abubakar Jaber Qasmi]

How the Current Ideological Challenges Differ from the Older Forms of Misguidance

New and Old Misguidance

Taken from the Urdu book 'Jadidiyat' by Prof. Hassan Askari

(Translated by Dr. Md. Habeeb Haris)

This chapter focuses on the challenges posed by the new forms of misguidance that have emerged. 

In the history of Islam, various misleading ideas, heretical beliefs, and doubts have emerged from time to time. Our scholars say that those influenced by Western education cannot raise any objections or doubts that the scholars of the past have not already addressed. This statement is absolutely true. All the new forms that misconceptions can take, or the new ways they can appear, are essentially the same as those that scholars have already dealt with in the past. Therefore, it is quite easy for the scholars to respond to them. However, there are a few new characteristics of these new misconceptions that make it difficult for the scholars’ responses to be completely effective.

Here are some points to consider:

* The Scope of Misconceptions: In the past, misconceptions were limited in scope, both geographically and in terms of the number of people they affected. As soon as scholars clarified the misconceptions, they would disappear or their influence would be significantly reduced. However, the new misconceptions have a global reach, and they are impacting a much larger number of people than before. Muslims all over the world are being affected by these new ideas, and they are spreading rapidly.

* Previously, misconceptions arose from within the Muslim community itself, but new misconceptions have come from the West. Moreover, these Western misconceptions are backed by their financial and military power.

* In addition, these misconceptions come with scientific innovations that gratify worldly desires and amaze ordinary people. Ordinary people do not use their minds and consider any observation to be a logical argument. Therefore, when scholars respond to these objections, their impact is not very effective.

* The Western mind has been gradually deteriorating for the past six hundred years (since the fourteenth century CE) and has been losing the ability to understand truth. In six hundred years, the West has produced all the misconceptions that have attacked us all at once. Because of this, an ordinary Muslim, despite his devotion to Islam, cannot withstand this onslaught. He gets rid of one misconception only to fall into another. In the same way, even among us, the minds of ordinary people, and especially those who have received a modern education, have gradually been deteriorating over the past century and a half.

* Old misconceptions used Islamic terminology and Islamic concepts incorrectly; therefore, they were very easy to dispel. However, new misconceptions come with a new language and new terminology. Thus, even the most disregarded and discarded ideas hide behind a veil of complex and obscure terminology, and a person becomes impressed for no reason. Since our scholars are not fully aware of the nature of this new language and these new terminologies, and their long and complex history, sometimes their responses miss the mark.

These new terms are of three types:

A. Misappropriation and Distortion of Terms

In the realm of Western thought, there has been a widespread and indiscriminate use of terminology. This includes both terms that are uniquely Christian in origin and those that are common to all religions. While these terms are employed extensively, their meanings have been completely altered. This practice can be traced back to the early stages of intellectual deviation in Europe.

B. Shifting Meanings and Lack of Consistency

The meanings associated with these terms have not remained constant over time. Instead, they have undergone continuous change, often at a rapid pace. In the 20th century, the meanings of these terms have been shifting every five years or so. In the West, the situation has become even more extreme, with different authors using the same word in ten different ways within the same era. A prime example of this ambiguity is the term "nature." The word "religion" itself has been used in such a multitude of ways that it has lost all specific meaning.

C. The Fad of Coining New Terminology

 Western writers have a peculiar penchant for inventing new terminology, regardless of whether they have anything new to say. These newly coined terms typically fall into two categories:

- Onerous and Complex Terms: These terms are often cumbersome, intricate, and sometimes devoid of any clear meaning. Their primary purpose seems to be to convey a sense of erudition. The abundance of such terms in the writings of these authors makes it difficult for readers to grasp the intended meaning, leaving them confused and disengaged.

- Emotionally Charged Terms: These terms are designed to appeal directly to the emotions, often at the expense of rational thought. 

Both types of these newly created terms are meant to hinder the reader from using his own mind.

The preaching of our scholars cannot be effective unless they are aware of the structure and methods of the present Western mind. This is why it is important to learn the intellectual history and degradation of Western thought.

The Concept of Real Success - Between Materialism and Monasticism

-Dr. Md. Habeeb Haris 

The desire for success is the fuel that propels man in the world of struggle and activity. In fact, this basic desire is behind all human actions whether individual or collective. Moreover, the behavioural patterns and path of life-struggle vary according to the variations in the concept of success. 

An individual's perception of the elements that go on to make him a successful person largely determines his lifestyle and the way he would respond to the challenges at every moment of his encounter with life. The concept of success depends on various influences like culture, religion, education, the dominant ideology, social trends, media influence. 

In the previous centuries religion was a predominant factor in the determination of this concept. But in the times that we are living in today, every concept - including the all important concept of success - is fashioned basically by the prevailing materialistic worldview. 

The materialistic ideology has overwhelmed our thinking so much that there seem to be no other criteria which can influence our judgement.

Though the materialistic concept of success is nothing new to human history, the scientific hue that it has acquired to get wider acceptability makes it all the more bewitching to the eyes of the modern man. 

However this not-so-holy embrace of materialistic ideology has left man with a lopsided view of the goal of life and has changed the very direction of his life. Once his concept of success changed, everything else changed. Man's concerns became narrower. He started running only after the mirage of worldly success, looking for things ephemeral and in the bargain lost sight of

everything that stood for permanence and eternity. 

This mad race also changed the  equations of human relations which threw the whole society in to disarray. The family structure was dismantled that left man feeling such insecurity and loneliness as he has never felt before. 

The loss of permanent values has made every thing uncertain. This erroneous concept of success has eaten away the roots of human character and opened the doors to all sorts of corruption. We see today quite helplessly that the humanity is drowning in this sea of corruption. But unfortunately this sea is of man's own making. 

Every individual and society is crying for peace but peace seems to elude all. In pursuit of happiness man is adopting crazy lifestyles, hollow entertainment and bewildering behaviour. Even religion is being exploited for selfish material gains. There is a culture of madness everywhere. The darkness of doom is all set to engulf us. 

So, if the modern materialistic concept of success has left Man at the brink of annihilation, should he now turn to oriental monasticism for the true definition of success? Alas, the Eastern (Buddhist, Hindu etc.) as well as the Western (Christian) monasticism, inspite of its spiritual aura and mystic pretentions, has shown its barrenness in this regard. Can man attain success by running away from the struggle of life? Can this world be left at the mercy of criminals and debauchees; which will be the logical outcome of truly spiritual people shying away from social involvement and taking to forests and caves in search of nirvana?

Moreover, history has seen such monasticism quite often ending up in worst forms of materialism which even ordinary people find disgusting. Many monasteries have been turned into temples of lust and corruption. Perhaps it is a logical consequence of an unnatural concept of success based not on any sound foundations but merely on superstition, ignorance and conjecture. 

So, where does man go from here? What is it that can give man the true concept of success? What are those criteria which can enable man to take the right step in the right direction? And finally how can man know what he really wants from life? This crisis is basically due to the innumerable cobwebs covering certain elementary concepts regarding man and life. 

To attain the true concept of success, man has to first understand  his true nature, his position in the universe and the purpose of his creation, because success is measured by the extent of the achievement of one's purpose. He has to realize that his presence on this planet is not just a matter of chance but rather it is the result of a very wise plan of the Creator of this universe. This fact itself makes it clear that his life and existence cannot be a purposeless wandering but has a definite aim behind it. 

This is in total contrast to the atheistic theory of "existence by chance" which at the very outset degrades man into a purposeless entity and robs human life of all meaning and direction and makes it a rudderless ship caught in a whirlpool of circumstances. 

Moreover, the truth is that man is not just one of the creatures but he is indeed God's representative in this world and he has to act as such. Neither should man rebel against his Master nor should he degrade himself by bowing before other creatures. 

This moderate approach towards his own position empowers and puts man on a firm track and now he can realize that the true concept of success is nothing but to attain God's pleasure by fulfilling the demands of his unique position in this world. 

This can further be elucidated as: a man who serves God's will by maintaining the delicate balance between the demands of his material and spiritual aspects of life and tries to maintain peace and order within his own self and in the society around him, and in the process earns God's pleasure and rewards, both in this world and the hereafter, is really and truly successful. 

On the contrary, a person who fails to acknowledge God's favour of life and indulges in rebellion against his own true nature, and in the process creates disturbance and chaos within himself and the society around him, thus earning God's wrath and punishment, both in this world and hereafter, is really and truly unsuccessful. 

Of course this balanced concept of success cannot be conceived without the clear concept of life  Hereafter. Man is not destroyed after death but is transferred into

another life wherein he has to face the full consequences of his earthly sojourn so that full justice can be done and no criminal escapes the fruits of his misdoings and everyone gets what is his due. 

This is the true concept of success which grants honour and dignity to Man's life, sets a proper direction for each of his actions, makes him a responsible and compassionate being, helps him to lead a more complete and a meaningful life based on firm foundations and permanent values and transforms his journey of life in to a purposeful endeavour. So, now let every soul decide what it wants it's future to be!