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INVITRO FERTILIZATION IN LIGHT OF ISLAMIC TEACHINGS

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Reproductively a life gets complete once offspring are produced and where an individual fails to accomplish that task the prognosis is incomplete life cycle. As such every species lives with the objective of given birth to the succeeding generation. Humans, likewise, have the great desire to produce children once they get married after reaching to the reproductive age. Nevertheless, there are many who are unable to do so owing to various physiological, psychological and other reasons. Inability in fertilization of the egg with the sperm is one of the causes which prevent many parents from giving birth to children.

Man, since the times immemorial, has been seeking a cure for the causes of infertility in human species including the cause of inability to fertilize egg. It is the outcome of the untiring efforts of men in this area which has resulted in the development of various techniques and cures which aid people to produce children, those people who normally fail to produce them. Among these methods and techniques In-vitro Fertilization is the one. The increased rate of infertility in married couples makes this technique even more important, in a sense, their only hope.

In-Vitro Fertilization (IVF) is one of the Assisted Reproductive Techniques (ARTs), also called Medical Assisted Conception (MAC). It is a process in which a woman through hormonal manipulation is made to have several simultaneously developing ova. Hormonal ovarian stimulation can be used to treat ovulation or may increase the likelihood of conception in idiopathic infertility by increasing the number of mature oocytes.

 

Ovarian stimulation may also accompany intrauterine insemination. These are needle aspirated at the proper time under ultrasonic guidance. In the lab, sperm is made to fertilize the ova. When they reach the 4-8-cell stage they are transferred into the uterus. The uterus has already been prepared by hormones to be ready for implantation of the transferred eggs. The current success rate of this technique is 20-30%. IVF has many modifications which include Gamete intra-fallopian transfer (GIFT), Intracytoplasmic Sperm Injection (ICSI) and others.

Developing a technique in medical science in the modern times is comparatively easy than to making that technique operational and acceptable to the people. There are various moral, ethical, religious, cultural and social conditions that the techniques must fulfill before it is used on a larger scale. IVF with its various modifications mentioned in the foregoing lines has also been made subject to the scrutiny of fulfilment of these conditions. For Muslims it has been subjected to the Islamic rulings, and laws, and is declared permissible if it satisfies the following conditions.

*First, the IVF must involve a legally and Islamically married couple.

*Second, the sperm must be from the husband, and the eggs from the wife.

•Fourth, the procedure must be conducted by a competent and trustworthy team in order to reduce the chances of failure or mixing of zygotes and pre-embryos of different couples. Further rulings regarding this is that if there is a legal reason for the woman to be exposed to a person other than her husband for treatment, that person should be a Muslim woman if there is one who can do the job; if not found, then a non-Muslim woman; if not found then a trustworthy Muslim doctor; if not found then a non-Muslim doctor.

*It should not be an act of surrogacy which is prohibited in Islam.

*Finally, not more than the appropriate number of fertilized eggs should be transferred to the uterus for many fertilized ova are produced which many centers freeze and use them unethically in other cases of fertilization.

It is permissible to use them for medical research with the consent of the couple and within the appropriate guidelines. However, The International Islamic Fiqh Academy of Organization of Islamic Conferences (OIC-IFA) in 1990 refused the freezing of the pre-embryos as occurrences of mixing of gametes and pre-embryos happened.

Artificial reproduction is not mentioned in the primary sources of Shari’ah. However, when procreation fails, Islam encourages treatment, especially because adoption is not an acceptable solution. Thus, attempts to cure infertility are not only permissible, but also encouraged. The duty of the physician is to help a childless couple to achieve successful fertilization, conception, and delivery of a baby.

All assisted reproductive technologies are permitted in Islam, if the semen source, ovum source, and the incubator (uterus) come from the legally married husband and wife during the span of their marriage. According to Islam, a man’s or woman’s infertility should be accepted if it is beyond cure. That is why assisted reproduction was widely accepted after prestigious scientific and religious bodies and organizations issued guidelines, which were accepted by concerned authorities in different Muslim countries.

These guidelines included a Fatwa from Dar El Iftaa, Cairo (1980) and a Fatwa from the Islamic Fiqh Council, Makkah (1984), the Islamic Organization for Medical Sciences (IOMS) in Kuwait (1983), the Fatwa of International Islamic Fiqh Academy in 1986, and the International Islamic Centre for Population Studies and Research, al. Azhar University.

These guidelines are followed by most Muslims.

Another form of ART is surrogacy. There are two types of surrogacy, partial and complete. In partial surrogacy, a couple will solicit or commission a woman to be artificially impregnated by the “husband” semen. The surrogate will then carry the pregnancy to term, and upon birth, give the baby away to the soliciting couple. In this case, the child will have the rearing father as the biological father, a rearing mother, and a biological birth mother.

In a complete surrogacy, the commissioning couple will undergo IVF. The embryo produced by IVF is transferred then to a surrogate woman. The surrogate gives the baby to the soliciting/rearing couple at birth. In this case, the biological parents are the rearing couple, and the surrogate is the birth mother.

The Fatwa of the Islamic Fiqh council of Makkah in 1984 allowed surrogacy by replacing the embryos inside the uterus of the second wife of the same husband who provided the spermatozoa. In 1985, the council withdrew its approval of surrogacy.

Cryopreservation and the use of preserved gametes and pre-embryos is another related issue which has been dealt thoroughly by the Islamic scholars, and schools. In medical terms, cryopreservation is the freezing and storage of gametes, zygotes, or pre-embryos. Essentially, cryopreservation is used for patients who have been diagnosed as having a disease where treatment from the disease may result in infertility but is it also used for the purposes which are not ethically, and by Islamic rulings, acceptable like donating them to other couples.

Cryopreservation in itself entails no infringement of the Islamic law, but scholars have cautioned that the frozen embryos are the exclusive property of the couple who produced the gametes, and may be transferred only to the same wife in a successive cycle, restrictively during the duration of the marriage contract.

Storing the husband’s sperm for the purpose of impregnating the wife in the event of his death is illegal. Under Islamic law, death terminates the marriage contract, and the widowed wife is free to remarry after the mandatory waiting period (al-’Iddah). The cryopreserved sperm or pre-embryo of an ex-husband in case of divorce should not be used either, as divorce equally renders the union void, legally.

Cryopreservation of gametes or gonads before exposure to radiotherapy or chemotherapy or for social reasons is allowed. These gametes or gonads can be used for conception later on by their owner. The cryopreserved gonads can be re-implanted after the end of chemotherapy or radiotherapy, based on the request of the owner of the gonads.

According to favourable Islamic viewpoint that for every disease there is a cure and so is the case with the diseases and deformities in reproductive system and mechanism. And, as Islam, encourages procreation every possible step should be initiated, and every technique adopted, cure these deformities, disorders and diseases, including the inability to fertilized normally.

In this respect stress has been found to be reducing fertility. Research has shown that stress in women due to any cause disrupts the hormonal communication between the brain, the pituitary, and the ovary, interfering with both the maturation of an egg and the ovulation process. Thus the stress can affect fertility, and cause fertility, both by the altered regulation of pituitary hormones and from the abnormal nervous-system influences on the ovaries and fallopian tubes.

In case of man, both physical and emotional stress is known to affect the fertility. Sperm counts, motility, and structure are altered under stress. Problems such as impotence and difficulties with ejaculation are often caused by the emotional distress in men.

So by going the famous dictum of prevention is better than cure, emphasis should be laid upon the ways which prevent the chances of normal fertilization, Stress free life could go a long way in that direction. And in case the preventions fails to yield the desired ends, IVF can safely be resorted to. Shari’ah permits that if the conditions mentioned above are met.

Recent research has shown that suffering from involuntary childlessness may be nearly equally distributed between women and men, but men have more difficulty in communicating this emotional crisis. The psychological impact of infertility is a complex, integral part of the condition which must be taken into account by all treatment services associated with assisted reproduction.

Finally, Islam is a flexible religion, adaptable to the necessities of life, and what is unethical in one situation may become ethical in another situation or at another time. Islam enjoins the purity of genes and heredity to avoid mixing of genes. It deems that each child should relate to a known father and mother. Adoption is not allowed and so if IVF is the way out to find cure to one’s infertility it can safely be resorted to, subject to the fulfilment of the guidelines of the Shari’ah. Rest Allah knows the best.

Author can be reached at:saimahabeeb786@gmail.com


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Theology of Presence

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Amir Suhail Wani

“O you who believe! Remember Allah With much remembrance”: Al Quran

To believe is to be in a state of presence. Presence, though not the climax, but is, one of the most cherished states and authentic manifestations of belief. To let God stay far away in the realm of abstraction and beyond-ness not only dilutes the spirit of worship, but it brings under scrutiny the very notion of belief. Religion, in its finest form, aims at invoking in man the spirit of presence, so that the believer may feel and experience the himself in presence of divine and may thus be able to envision a living and existential relationship with his creator and his object of devotion. Religion, even in its basic etymological connotation invokes the sense of “connectedness and attachment” with the object of devotion. It is in the very essence of man that he wants to be greater than what he is and when submitting before the divine, the individual, finite and subjective ego undergoes an existential, psychological and spiritual transformation of unique nature which expands its contours beyond those of physical perimeters. In any act of worship, the subject envisages the object of devotion as infinite and it not only pays homage to that infinite by bowing to it, but it very much desires to expand its own finitude under the radiance of that eternal infinite. This is what is meant by the philosophical benediction that “make me Thou, not an it”.

 

This human urge of finding means of self expansion by submitting before the divine is the greatest expression of human will and self sacrifice. But this spirit is rendered meaningless and antithetical when religion, in its state of decline, reduces to mere theology. In this reductionism, God remains no longer a living reality in the life of believer. He is rather replaced by a set of axioms and statements which fail to stimulate and satisfy the deepest spiritual yearnings of man and this deepest spiritual yearning is nothing but an aspiration to come in living contact with the divine and transcendental. Islam and for that matter most of the religions strongly condemn the deistic notions about God for it leaves absolutely no scope for religious indoctrination and creates an unimaginable void in the realm of Transcendence. It is in response to nuances like these that the notion of presence assumes multifold importance. It is not only prayer but our entire life that demands, by virtue of its spiritual dimension, that we live perpetually under the spell of divine. Thus religions teach us not merely to pray and thus make prayer a part of our life, but they come to turn our entire life into a sort of prayer. This transformation of life itself into prayer is what has best been embodied by Islamic teachings which reiterate time and again that all acts shall be done according to the law/s prescribed by God and at the beginning and end of each of our activity, the name of God shall be invoked. Not only this, the orations we recite at various instances from entering a washroom to starting our prayer are nothing but a beautiful way of making God a perpetual and living presence in our lives. None of our activities shall be divorced from Transcendent and while we are bodily constantly engaged in acts of world and matter, our heads, hearts and souls shall be perpetually turned to the divine. This act of remembering God in world of forgetting paves the way for “discovering God through material representations”. The highest form of this discovery is prayer and within prayer itself it is dua that marks the height of living relationship between God and believer. The purpose of prayer, as has been narrowly appropriated lately is not merely to make God change his mind and to bring our naive desires to fruition. Prayer is in fact the testimony of our living and real time relationship of servitude and dependency on God. Thus when God asserts “If My servants ask you regarding Me, I am indeed Near. I answer the call of those who call upon Me when they call. So let them answer My call and let them believe in believe in Me–in order that they be truly guided.”, he makes us understand in most emphatic and explicit way that he is very much existentially related to us and responds to our prayers. This response to prayer shall not be seen as the fulfilment of our prayers in material realm (which is true on its own), but it shall invoke in us the existential quest and inspire us to awaken our slumbering spiritual sensibility so that we may truly feel that God is indeed responding to us as our creator and as an object truly worthy of our devotion and worship.

This notion of presence has been subjected to double irony. The religious centric people lost sight of this appeal and dedicated their energies in confining and codifying God in their formulae of logical atomism. They rigidly tried to fix God in their self made definitions made out of untenable language as if trying to fit a square peg in a round hole. While as the role of this intellectual cum theological process can’t be belittled, but their overemphasis on making God comply to their abstractions and creating an unsurpassable chasm between the creator and creation surely set them on too rigid a path. The aftermath of this theorization of God not only created uncompromising hostility among different religions, but within the same religion it gave birth to unending clashes, unforseen intolerance and created such shameful examples that served the purpose of latter day anti religious forces. The second threat, and that is more dangerous, to this “theology of presence” has come from movements like new age spirituality, occult practices and pseudo spiritual shopping malls. Whereas traditional religion and traditional metaphysics taught us to see this world as a reflection and reverberation of transcendental realm, the new age spirituality has tragically represented the divine realm as an “extended expression” of human realm and this immanent universe. This has been sort of shifting the frame of reference and with this shifting of frames, the meaning of spirituality and metaphysics is inverted on its head. This misplaced mysticism and consumerist spirituality is far dangerous than no spirituality at all. In absence of spirituality, one may set out to discover the genuine and true spiritual traditions, but the presence of fake and pseudo spirituality creates a halo effect around man and his genuine thirst and quest is buried under the garb of this “materialistic spirituality”.

There are no palatable solutions to this malice that has invaded our religious obligation of perpetual presence and taught us to be satisfied with rituals without knowing their meaning. What one can do is to read, if one can, the religious scriptures and try to get to the roots of these scriptures. Look out for commonalities among scriptures and try to make a sense out of these commonalities. Another suggestion is to read the authors like Rene Guneon, Frithjof Schoun, Martin Lings, William Chittick and others of their class. What is special about these authors is that they speak about traditional metaphysics in contemporary idiom with an insight that is both inspiring as well as awakening. Finally we must note and note it seriously that life is not a profane activity sprinkled with events of sacred prayers, rather life is sacred as a whole and the existential realisation of this axiom is fundamental postulate on which all religions stand.

(The author is a freelance columnist with bachelors in Electrical Engineering and a student of comparative studies with special interests in Iqbaliyat & mystic thought. He contributes a weekly column for this newspaper that appears every Monday. He can be reached at: amirkas2016@gmail.com)

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Kathua verdict: fact, fable and fiction

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Shabbir Aariz                                   

Finally some relief has been accorded to the family of the victim, Asifa by the trial judge Mr Tejwinder Singh by convicting and punishing the guilty. But it is too little if not too late. The investigating agency has undoubtedly done a commendable job in piecing together the evidence against the odds and succeeded in obtaining conviction for criminal conspiracy, gang rape, poisoning and murder of 8year old Asifa on 17th of January 2018 in Rasana village near Kathua in Jammu. Rape is the fourth most common crime against women in India. The National Crime Records Bureau of India suggests a reported rape rate of 2 per 100,000 people, much lower than reported rape incidence rate in the local Indian media. However, Times of India reported the data by National Crime Records Bureau unveiling that 93 women are being raped in India every day. Every year 7,200 minors are raped as the statistics suggest without unreported ones. Rape is, surprisingly a weapon of punishment in India. In 2014, in Jharkhand village elders ordered the rape of a 14year old. The husband of the woman who was assaulted sexually was told to carry out the rape. As the woman’s husband dragged the girl to a nearby forest, villagers only looked on. Earlier West Bengal village reportedly ordered the gang rape of a 20 year old woman for falling in love with a man from another community. Even in case of Kathua, two BJP ministers stood in favor of the accused. Sexual crimes being committed with impunity not even sparing foreign tourists led to issuance of rape advisories like women travelling should exercise caution when travelling in India even if they are travelling in a group, avoid hailing taxis from streets or using public transport at night. India feels like it is going through an upsurge of sexual violence against children and after several incidents including Asifa’s, received widespread media attention and triggered public protest. The Prime Minister condemned it and UN Secretary General, Antonio Guiterres said “guilty must be held responsible” describing the incident “horrific”. This led the Government of India to reform its penal code for crimes of rape and sexual assault. As such India’s cabinet approved the introduction of death penalty for those who rape children. The executive order was cleared at a special cabinet meeting chaired by Prime Minister Modi. It allowed capital punishment for anyone convicted of raping children under the age of 12. India’s poor record of dealing with sexual violence came to fore after 2012 gang rape and murder of a student on a Delhi bus. The four men involved were sentenced to death. The Supreme Court maintained the death sentence of the convicts; Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh. Rejecting their appeal Justice R Banumathi said the men committed “a barbaric crime” that had “shaken society’s conscience”. It is worthwhile to mention that the death penalty to the said persons was given in the year 2013 while as the executive ordinance came in April 2018 after Asifa’s incident and of a 16year old girl in northern Uttar Pradesh by a member of BJP, Kuldeep Sengar (ironically, victim’s father was arrested and thereafter killed by the Kuldeep’s supporters.) Prior to 2012, there was no single law specifically dealing with children as victims of sexual offences. Then came Protection of Children from Sexual Offences Act in 2012, India’s first comprehensive law to deal specifically with child sex abuse and surprisingly the number of reported cases of child abuse rose by nearly 45% the next year.

The new amendments enable a court to hand out a death penalty to someone convicted of raping a child under 12, even if it does not result in death. In countries like China, Egypt, North Korea, Saudi Arabia, Iran and Afghanistan, rape is punishable with nothing short of death by hanging, beheading or firing squad. Despite the changes to the law and arming Indian courts, there is reluctance to carry out the death penalty. Is there anything wrong with the collective Indian psyche that deters even courts from putting curbs on sexual crimes against even minors? One feels disgusted for the punishment not being exemplary in Asifa’s case when on trial crimes like gang rape and murder were proved. The court was saddled with the law and verdicts of Supreme Court where death penalty awarded was not interfered with and also its observations emphasizing the gravity of such crime with its impact on the society. Do the laws also have a fiction value? When do we really implement them? Is something more needed to shake society’s conscience? It is more likely that the convicts in this case will go in appeal to the higher court against the judgement. The verdict of the lower court also calls for a counter appeal by the prosecution seeking enhancement of punishment to death of the convicts.

 

(A leading lawyer and eminent poet, author contributes a weekly column. He can be reached at:  vaklishabir@gmail.com)     

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Let’s Become Environmental Protectionists!

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Dr. Shahid Amin Trali

It’s very alarming to find the unending disturbances to our environment. Man’s foul play with the nature is not going well with the present as well as our future. The environmental problems are mounting towards a bigger trouble in future but we are yet to recover from deep hibernation/sleep mode. This menace of pollution has existed for centuries but increased at an alarming rate after industrial revolution in the 19th century. Pollution is one of the biggest global killers, affecting over 100 million people. The world’s population is ever increasing and the treasures of the resources are getting overexploited.

 

There is greater need that we must promote better and efficient use of resources. Mass production of plastics, which began just six decades ago, has accelerated very rapidly—most of it in disposable products that end up as trash. If business goes on as usual, plastic pollution will double over the next thirty years. That would mean there will be more plastic in the ocean than fish. Plastics have several health hazards, both for humans and animals. Not just that, it is detrimental for the environment too. We must encourage the reduction, recycling and re-use of wastes as raw material for new products. Our younger generation is highly creative and all they must be given is ample support and opportunities. We must promote ‘Jugaad’ creation, the idea of using the waste to make something novel and save resources. We need to set examples from our home places and re-use what we would easily throw away and conserve for a future.  What we cannot recycle let us try not use them. Let’s promote paper products as they break down better in the environment and don’t affect our nature as much.

Learning to be more environmentally friendly is not that difficult task than we think. We must start by living with a greater awareness of the resources that we use in our daily life.  For example we must turn off the lights as soon as we leave a room in our homes and offices or even schools and colleges.  We must be environmental friendly when it comes to building our homes and buildings. Trees are necessary for us to survive. We must plant small trees around our home, don’t cut them unless it’s necessary, work with local environmental groups to plant more trees and educate others about the beauty and benefits of trees.

Water needs to be conserved. Few ways to conserve water are – take short showers, keep the running tap close while we brush our teeth, recycle water in our home, use water saving appliances etc. More good ways to contribute will be consume less energy, buy recycled products, and create less waste and many more. We must refrain from open burning as backyard trash and leaf burning releases high levels of toxic compounds. We must use public transit as much as possible. Let us walk more and drive less to conserve fuel and prevent auto-emission. Let’s use bicycles and scooters for shorter distances to save resources.

Cleanliness leads to cleanliness. We can easily find that a dirty place adds to its dirtiness. When we come across a fresh place, we think twice before turning it bad and dirty. It is sad when we think for our clean homes and hardly care for the roads, hospitals, educational institutions, offices, markets etc. Our mindset has to undergo a big overhaul that our public property is our own property.

India is one of the three worst offending countries when it comes to environmental performance. Corporate leaders have started joining the race to save the planet. Being environment-friendly, eco-friendly, going green are huge claims referring to goods and services, laws, guidelines and policies that inflict reduced, minimal, or no harm at all, upon ecosystems or the environment. But the attempts need to be strong and concrete. Small and medium sized companies in particular generate a lot of pollution and need awareness and support policies to safeguard the environment.

Individuals, organizations and governments need to join hands to protect our environment.  Let’s educate others about the significance of living an environmentally friendly life. The more we will share an awareness of the richness of the environment, the more we can do together to protect it. Environmental love and care must receive an all time attention and priority. Let’s go beyond the model building exercises for safer environment and turn them into reality. Organizations must appreciate and reward the employees for their environmental care.

The Philippines recently has taken a unique and wonderful initiative. The island country passed a law under which every student there has to mandatorily plant ten trees in order to get their graduation degree. The law if it is implemented properly will ensure that over 175 million trees will be planted every year. The law will be applicable for college, elementary, and high school students as well. Our education system must owe greater responsibility towards environment and find some unique strategies to safeguard it. Let’s go green and pledge to protect our environment. (The author is Assistant Professor, ITM University Gwalior, Youth Ambassador, International Youth Society. He can be mailed on: dr.shahidamin15@gmail.com)

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