An Ethico-Legal Analysis of Artificial Womb Technology and Extracorporeal Gestation Based on Islamic Legal Maxims

Abstract

Artificial womb technology for extracorporeal gestation of human offspring (ectogenesis or ectogestation) has profound ethical, sociological and religious implications for Muslim communities. In this article we examine the usage of the technology through the lens of Islamic ethico-legal frameworks specifically the legal maxims (al-Qawaid al-Fiqhiyyah) and higher objectives of Islamic law (Maqaṣid al-Shariah). Our analysis suggests that its application may be contingently permissible (halal) in situations of dire need such as sustaining life and development of extremely premature newborns, for advancing fetal medicine and avoiding maternal co-morbidities during fetal treatment, and for enabling motherhood for women without functional wombs, or who face grave medical risks in pregnancy. However, its application may be proscribed (haram) for enabling healthy women to avoid pregnancy and childbirth, or to achieve parenthood equity. Specification of these views to particular policy, legal contexts and Fatwa will require multidisciplinary Shariah-based bioethical deliberations between jurists, policymakers, and scientists.

KEYWORDS:

• Ectogenesis
• bioethics
• Fatwa
• Fetus
• Jurisprudence
• Sharia

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Additional information

Funding

The author(s) reported there is no funding associated with the work featured in this article.

Notes on contributors

Sayyed Mohamed Muhsin

Sayyed Mohamed Muhsin is an Assistant Professor of Islamic Jurisprudence at the International Islamic University Malaysia in Kuala Lumpur and serves as the Editor-in-Chief at Islamonweb-English.

Alexis Heng Boon Chin

Dr. Alexis Heng Boon Chin is a Singapore citizen who has held research and academic appointments in various countries including Singapore, United Kingdom, United States, Switzerland, Hong Kong, China and Malaysia.

Aasim Ilyas Padela

Aasim Ilyas Padela is a scholar with research expertise at the intersection of healthcare delivery, religion and bioethics with a special focus on Islamic bioethics and Muslim health.