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

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

ABSTRACT

The advancement in Science and Technology and the quest for children led to the development and invention of a new process of human procreation, (Artificial Insemination) other than the natural way. This process involves obtaining the semen from a man to inseminate a woman in other to induce fertilization and produce a child, if Allah so wishes. Sometimes, the semen is obtained from the woman‟s husband and many a time from a donor (third party). However, the conception of a child through the medium of artificial insemination involving married couples may not generate any issue or problem with regards to paternity and right of inheritance under Islamic Law if such semen is that of the legal husband of a valid Muslim marriage. On the other hand, conception of a child through the donor‟s (third party) semen is definitely accomplished with the problems of paternity, the right of the child so conceived to inherit under the Law; and even raises doubts on the legality of the processes of artificial insemination. I cannot be able to provide in this project, adequate knowledge of the whole segments of the subject-matter as perfection belongs to Him alone (Allah), the knower of all things, but it is equally hoped that this project will go a very long way to sensitize the vast majority of our people on the issue of artificial insemination. Hence, this research among other things discussed therein, critically examines the legality of Artificial Insemination in line with the provisions of Islamic Law and also the implications of such insemination on the status of the child conceived there from as well as his right of inheritance under Islamic Law

TABLE OF CONTENTS

ABSTRACT

CHAPTER 1

GENERAL INTRODUCTION

1.0.0 INTRODUCTION

1.1.0 BACKGROUND OF THE STUDY

1.2.0 OBJECTIVE OF STUDY

1.3.0 FOCUS OF THE STUDY

1.4.0 SCOPE OF THE STUDY

1.5.0 METHODOLOGY

1.6.0 LITERATURE REVIEW

1.7.0 CONCLUSION

CHAPTER 2

AN OVERVIEW OF THE ISLAMIC LAW OF INHERITANCE

2.0.0 INTRODUCTION

2.1.0   DEFINITION OF INHERITANCE

2.2.0 INHERITANCE BEFORE THE ADVENT OF ISLAM

2.3.0 INHERITANCE AFTER THE ADVENT OF ISLAM

2.4.0 PRELIMINARIES/ESSENTIALS OF LEGACY DISTRIBUTION

2.5.0 CONCLUSION

CHAPTER 3

SUCCINT ANALYSIS OF THE ISLAMIC CONCEPT OF INHERITANCE

3.0.0 INTRODUCTION

3.1.0 GROUNDS OF INHERITANCE

3.1.1 BLOOD RELATIONSHIP (NASAB)

3.1.2 MARRIAGE (NIKKAH)

3.1.3 EMANTICIPATION OF SLAVE (WILÁ'U)

3.1.4 MUSLIM TREASURY

3.2.0 THE STIPULATED BENCHMARKS OF INHERITANCE

3.2.1 DEATH OF THE PRAEPOSITUS

3.2.2 SURVIVAL OF THE HIER

3.2.3 RELATIONSHIP OF THE HIER TO THE DECEASED

3.3.0 IMPEDIMENTS TO SUCCESSION

3.4.0 CONCLUSION

CHAPTER 4

ARTIFICIAL INSEMINATION; ITS LEGALITY UNDER ISLAMIC LAW

4.0.0 INTRODUCTION

4.1.0 DEFINITION OF ARTIFICIAL INSEMINATION

4.2.0 FORM/METHODS OF ARTIFICIAL INSEMINATION

4.2.1 HOMOLOGOUS ARTIFICIAL INSEMINATION

4.2.2 HETEROLOGOUS ARTIFICIAL INSEMINATION BY DONOUR (AID)

4.2.3 INVITRO FERTILIZATION (IVF)

4.3.0 THE POSITION OF ISLAMIC LAW ON ARTIFICIAL  INSEMINATION

4.4.0 STATUS OF THE CHILD AND THE RIGHT OF INHERITANCE

4.5.0 CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0 CONCLUSION

5.1.0 RECOMMENDATION

BIBLIOGRAPHY

ARTICLES IN JOURNALS

ARTICLES ON THE INTERNET

BOOKS

PAPERS PRESENTED AT THE CONFERENCES, WORKSHOPS AND

SEMINARS