Islamic perspectives on elective ovarian tissue freezing by single women for non-medical or social reasons

Chin, Alexis Heng Boon and Muhsin, Sayyed Mohamed and Ahmad, Mohd Faizal (2023) Islamic perspectives on elective ovarian tissue freezing by single women for non-medical or social reasons. Asian Bioethics Review, 15 (3). pp. 335-349. ISSN 1793-8759 E-ISSN 1793-9453

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Abstract

Non-medical or Social egg freezing (oocyte cryopreservation) is currently a controversial topic in Islam, with contradictory fatwas being issued in different Muslim countries. While Islamic authorities in Egypt permit the procedure, fatwas issued in Malaysia have banned single Muslim women from freezing their unfertilized eggs (vitrified oocytes) to be used later in marriage. The underlying principles of the Malaysian fatwas are that (i) sperm and egg cells produced before marriage, should not be used during marriage to conceive a child; (ii) extraction of mature egg cells from single women being unacceptable; and (iii) fertility preservation in anticipation of late marriage is a conjecture that has not yet occurred. Ovarian tissue freezing can potentially be a more Shariah-compliant alternative to social egg freezing, because once the frozen ovarian cortical tissue sections have been re-transplanted back into the woman, mature egg cells can readily be produced, collected, and fertilized by the husband’s sperm only during the period of marriage contract (′akd al-nikāḥ). Unlike accidental mix-ups with frozen eggs, muddling of lineage (nasab) would be automatically avoided in ovarian tissue freezing due to immunological rejection. However, upon critical analysis based on Qawā’id Fiqhiyyah (Islamic Legal Maxims), Maqāṣid-al-Shariah (Higher Objectives of Islamic Law), and Maslaḥah-Mafsadah (benefits versus harmful effects on society), elective ovarian tissue freezing by healthy single women for social reasons would likely be a highly contentious and controversial issue within Muslim communities that may conflict with conservative social-religious norms. This thus needs further debate among Islamic jurists in dialogue with medical doctors and biomedical scientists.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Reproductive ethics Fertility preservation Islam Muslims Ovary tissue cryopreservation Vitrification
Subjects:	B Philosophy. Psychology. Religion > BJ Ethics BPK Islamic law. Shari'ah. Fiqh K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP 3098 Medical legislation
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr. Sayyed Mohamed Muhsin
Date Deposited:	09 Jan 2023 12:44
Last Modified:	02 Jul 2024 16:00
URI:	http://irep.iium.edu.my/id/eprint/103064

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