THE TRANSPLANTATION OF WOMEN’S INTERNAL REPRODUCTIVE ORGAN IN ISLAMIC LAW

Summary

Every married couple wants to have children. However, some couples cannot be parents. Despite the fact that reproductive age couples want to have children for one year, pregnancy does not occur or pregnancy cannot be sustained is called medically infertility. The absence of their children deeply affects the couples and their families. Because having children does not only provide the continuation of the generation but also has a vital meaning with its sociological, psychological, spiritual and moral dimensions. For this reason, couples who do not have children try to have children by mobilizing all opportunities. With the help of assisted reproductive methods, many of these couples can have children.

The first successful in vitro fertilization study was carried out in 1976 and it has made a great progress since then. This issue has been evaluated in many meetings and studies in terms of Islamic law since it has been a long time since application of IVF. However, the first successful fresh ovarian transplantation was performed in 2005 and the first successful uterus (uterus) transplantation was performed in 2011. For this, transplantation of reproductive organs is yet a new issue.

The general principle on the transplantation of reproductive organs has been determined at the sixth session of the 5th Jurisprudence Council and the Islamic Fiqh Academy on 14-20 March 1990 in Jeddah. According to these decisions, it is not permissible to transplant genetically engineered reproductive organs; on the other hand, transplantation of those who do not have genetic characteristics is permissible provided that the general conditions for organ transplantation are respected. Considering the transplantation of female reproductive organs in accordance with this general principle, the following conclusions can be drawn:

a) Women who have clogged of fallopian tube or no tube may have a baby by IVF. For this reason, a fallopian tube transplant is not necessary for such women to become mother. Because, one of the conditions required for organ transplantation to be available should be determined that there is no other cure to save the patient’s life or a vital part. On the other hand, there are risks in terms of both donor and recipient in the surgery for tube transplantation. Accordingly, transplantation of fallopian tubes is not permissible.

b) One of the methods of treatment for the women who have a child, who does not have any ovaries, or who are infertile due to reasons such as cancer and premature menopause, is ovarian / ovarian tissue transplantation. This can take the form of transferring the ovarian tissue that has been taken from the woman itself and stored by freezing (autotranplantation), or transplanting the ovarian tissue from another woman.

In the ototranplantation of ovarian / ovarian tissue, since the transplanted tissue belongs to the woman itself, it is not possible for the generation to interfere. Therefore it can be said that it is permissible. However, transplantation of ovarian / ovarian tissue is not permissible as it causes the generation to interfere with the genetic characteristics of the female. Because from the time of adolescence, the egg cells to mature until fall into the menopausal period and fall into the fallopian tubes come from the congenital ovaries. For this purpose, when the ovary tissue is transplanted from one woman to another, the eggs are also transplanted. As a result, the person has a child who does not belong to his spouse.

It can be suggested here that the ovary tissue taken from one of the spouses, as in the surrogate motherhood, be transferred to the other partner. But it is always possible for the woman who has undergone an ovarian transplant to die or leave her husband. In this case, the egg cells in the ovaries belong to the wife of the previous wife. If she later gets married and becomes pregnant by her new husband, she will be able to become pregnant with her new husband’s sperm and egg of her former husband’s wife. This is haram, because it causes the generation to interfere. Therefore, it is not permissible to transfer the ovarian tissue taken from one of the spouses to the other partner.

Transplantation of the ovarian tissue of someone else is not permissible, but those who do this, in this case, the child’s child and some legal consequences in terms of property is born. In Islamic law, the child’s mother is the woman who brought her to the world, and she cannot refuse the child. As a matter of fact, in the Qur’an, “Their mothers are only women who give birth Nit. The child’s father is the person who has intercourse with the woman on the suspicion of marriage, marriage or marriage. Because Hz. The Prophet (s.a.s.) said, “The child belongs to the person who is legitimate to be with his mother; for the adulterer there is deprivation.” According to this, the birth of the child born after ovarian transplantation, the mother and the wife that gives birth to be fixed. However, since the original owner of the egg is the woman who received the ovary, a marriage barrier occurs with the child.

c) Although ovarian functions are adequate, women who cannot have children due to uterine factor infertility can have children by uterine transplantation. In uterine transplantation, the transplanted organ don’t carry the genetic characteristics of the donor to the child, and the women who died and who have had menopause, with the permission of themselves or their parents, are able to transfer the uterus to women with infertility with uterine factor. The fact that the donor is related to the receiving woman or her husband does not affect the provision.