Is divorce considered to have occurred before or after consummation, and is the child attributed to the husband if he divorced his wife without consummation after she conceived from him and gave birth to a child through artificial insemination using smuggled sperm?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The jurists have discussed a woman's insertion of her husband's semen without cohabitation (waty'). They mentioned that it entails some of the rulings of consummation (dukhul) but not others. It establishes lineage, the ' (waiting period), and affinal relations (musaharah). A divorce after it would be revocable (raj'i) and not irrevocable (ba'in). However, it does not establish the mahr (dower), ihsan (chastity for the purpose of stoning), or tahlil (making a thrice-divorced woman lawful for her former husband). It is preferable to consult the court regarding such matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194654
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- Ftawy
- Original fatwa ID
- 194654
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy