Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
Can a couple who have no children try for an IVF child. Amuslim woman cannot use donor eggs to concieve, in the light of Islam is it permissible for a husband to make nikah to another woman,just so he can use her for medical purpose? for example only to have her donate her eggs so he can have a child from his first wife with the eggs of his second wife? Keeping in mind he will divorce her and make sure she is well kept and paid for her participation. I hope my question is clear enough for an answer. Thankyou. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Can a man marry for donor eggs?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Sahih Al-Bukhari Hadith 5.527 Narrated by Ali bin Abi Talib

On the day of Khaibar, the Messenger of Allah (saws) declared haraam the Mut'a (i.e. temporary marriage), and the eating of donkey-meat.

Firstly, it would be absolutely illegal, forbidden, and haraam to marry a woman with a prior intention of divorcing her after a time.

Secondly, the issue of IVF, donor eggs, surrogate mothers, etc. are new developments of technology; thus the Quran and Sunnah are basically silent on these issues. But the scholars and jurists in Islam are almost unanimous in their decision, in light of the guidance of the Quran and Sunnah, that it would not be permissible in the sight of Shariah to use the eggs of another woman to enable them to conceive a child with the first wife; or vice versa.

Allah Says in the Holy Quran Chapter 42 Surah Shura verses 49-50:

49 To Allah belongs the dominion of the heavens and the earth. He creates what He Wills (and Plans). He bestows (children) male or female according to His Will (and Plan).

50 Or He bestows both males and females, and He leaves barren whom He Will: for He is Full of Knowledge and Power.

If Allah Subhanah has Willed and Planned to keep a woman barren to test her faith and her patience in the Decree of Allah Subhanah; one should bow down their will to the Will of Allah Subhanah, and keep their absolute faith in Him and Him Alone; and by doing so, convert this trial into an opportunity to earn a huge and un-ending reward from the Merciful Lord in the eternal life of the Hereafter. Not being able to conceive children is probably amongst the most severe trials the Lord bestows on a family; but the believers, who sincerely believe in Allah and the Last Day, should know that the more severe the trial, the bigger the rewards from the Generous and Bounteous Lord in the Hereafter.

The most honorable thing for the husband here would be to honor and marry the other woman as his second wife, instead of ‘using’ her for a limited time, and compensating her to satisfy one’s own conscience of guilt.

The setbacks of this one short and transitory life are nothing but tests and trials Decreed by Allah Subhanah on mankind; to see who obeys and submits to His Will and His Plan willingly. The ones who do so, are promised the Mercy, Grace, Forgiveness and Un-ending Rewards from the Supreme Lord in the eternal life of the Hereafter.

Allah says in the Holy Quran Chapter 4 Surah An-Nisa verse 122: The promise of Allah is true, and who can be truer in his word than Allah?

We sincerely apologize if the answer given sounds too harsh or hurts your feelings, and we sincerely hope that you will forgive us our shortcomings. Islam has honored the status of woman and motherhood, unequal to any other ‘way of life’ or deen! The societies who encourage the ‘dealings’ of surrogate mothers belittles the status of woman and motherhood, and further absolutely humiliate the exalted status of motherhood by paying them a paltry sum (even if they paid everything in the earth) for their honor!

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan