CRITICAL EXAMINATION OF THE RIGHT OF ARTIFICIALLY INSEMINATED CHILD TO INHERIT UNDER ISLAMIC LAW

ABSTRACT Islamic law emphasizes the importance of fertility in both partners of a married couple and the ability to bear children, as the foundation of a healthy and successful marriage. The prophet’s encouragement to prefer to marry a fertile woman (walud), who may not be so pretty, to a beautiful respectful woman who is sterile1 well conveys the message. Not only women are addressed in regard to fertility. This research will critically examine the right of inseminated child to inherit under Islamic Law of Inheritance. The researcher reviewed various literatures on the topic of discussion and found that much has been written on artificial insemination from medical and ethical perspectives, there remains a significant gap in comprehensive Islamic legal analyses focusing specifically on the inheritance rights of such children. This research is significant for several reasons. Firstly, it addresses a growing legal and ethical dilemma among Muslim families who resort to ARTs. Secondly, it serves as a guide for legal practitioners, Islamic scholars, and policy makers in drafting religiously compliant policies on family and inheritance law. Based on the findings and conclusions of this study, the following recommendations are put forth: Educating the Muslim Community: There is a critical need for religious scholars and medical professionals to educate the Muslim community about the Islamic legal position on assisted reproductive technologies, Clear Legal Guidelines for Medical Practitioners: Medical boards and clinics offering fertility treatments in Muslim- majority countries or to Muslim patients should be required to operate under a clear legal and ethical framework that aligns with Islamic law. And Encouraging Alternative Provisions: For individuals who have a child through impermissible means, legal scholars should continue to emphasize alternative means of providing for the child, such as hisbah (gifts) and wasiyah (bequests), while clarifying that these are not replacements for a legitimate child's mandatory inheritance rights. This approach ensures the child's welfare is protected without violating the principles of Shari'ah