Prenatal sex determination and the extent of its objection to the will of Allah
Question
What is the ruling on determining the sex of a fetus? Is this considered a form of objection to the will of divine will?
Answer
Allah Almighty created mankind in a balanced manner, fashioning both males and females. This diversity and balance in creation is what the wisdom of Allah, the All-Knowing, necessitated; Allah Almighty says, “To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males. Or He makes them [both] males and females, and He renders whom He wills barren. Indeed, He is Knowing and Competent” (Quran, 49-50).
With the groundbreaking advances in modern medicine, it is now possible, either for legitimate medical reasons or according to the parents’ wishes, to determine the sex of a fetus prior to conception or during the early stages of pregnancy. In the past, prenatal sex determination was attempted through natural, non-medical methods. These included practices such as adhering to certain diets or timing intercourse close to ovulation. See: The Encyclopedia of Medical Jurisprudence by Dr. Ahmed Mohammed Kanaan, pp. 307-8.
Modern medical discoveries have made it possible for physicians to determine the sex of a fetus through procedures such as sperm sorting which involves separating the sperm that contains the genetic material for the X chromosome from the Y chromosome to allow for sex selection, and subsequently fertilizing the ovum inside the woman’s body. Alternatively, the woman’s egg is fertilized by the husband’s sperm in a laboratory petri dish, then the embryo is transferred into the woman’s uterus to develop, ensuring no mixing with sperm from another man. See: Ahkam Al-Nawazel fi Al-Injab by Dr. Mohammed Ibn Ha`il Ibn Ghilan al-Madhaji (pp. 989-991). There is no objection to such natural or medical methods in Islamic law based on the established Islamic maxim that states, ‘The default ruling in things is permissibility unless there is evidence of prohibition.’ See: Al-Ashbah wa al-Naza’ir by Al-Suyuti (p. 60).
Prenatal Sex Determination: An Objection to the Divine Will?
Prenatal sex determination is a form of making use of available means which is permissible in Islamic law, provided they do not contradict its objectives and established principles. A case in point is coitus interruptus, which was practiced and considered permissible during the time of Prophet Muhammad (peace and blessings be upon him). The Companions relied on this method to prevent and regulate pregnancy. Jabir Ibn Abdullah (may Allah be pleased with them both) narrated, “We used to practice withdrawal [coitus interruptus] during the time of the Prophet (peace and blessings be upon him). When this reached him, he did not forbid us” (recorded by Muslim).
It is important to note that, in some cases, prenatal sex determination can be the best way to prevent certain hereditary diseases. The goal in these situations is to avoid passing such conditions to children, in accordance with the principle in Islamic law that harm must be removed. Ubada Ibn al-Samit (may Allah be pleased with him) narrated, “The Messenger of Allah (peace and blessings be upon him) decreed that no harm should be caused or reciprocated” (recorded by Ibn Majah in his Sunan). Medical intervention to determine the sex of a fetus neither contradicts acceptance of divine decree and predestination nor amounts to opposing the will of Allah Almighty; it’s nothing more than a permissible means sought by an individual to fulfill a desire or prevent harm, provided it complies with Islamic law and its principles.
It is a known fact that applying the available means towards an end does not contradict the will of Allah Almighty as the One Who “gives to whom He wills female [children], and gives to whom He wills males” (Quran, 42:49). This is because the causes that Allah has ordained to lead to certain outcomes are not separate from His design — they are part of His creation and arise by His will. Moreover, causes alone cannot bring about effects independently of Allah’s command. Allah Almighty says, “And you do not will except that Allah wills. Indeed, Allah is ever Knowing and Wise” (Quran, 76:30), “And Allah has created you and what you make” (Quran, 37:96), and “Allah is the Creator of all things” (Quran, 39:62).
Building on this understanding, the Prophet (peace and blessings be upon him) permitted coitus interruptus, as mentioned earlier. Jabir Ibn Abdullah (may Allah be pleased with them both) narrated that the Prophet (peace and blessings be upon him) said, “Withdraw if you wish, for what has been decreed for her will surely come to pass” (recorded by Muslim). Since the Prophet (peace and blessings be upon him) permitted coitus interruptus and showed that it does not contradict the power and will of Allah Almighty, even though this practice prevents conception of both sexes, it follows even more strongly that a method preventing only one sex would not go against divine will.
Regulations for prenatal sex determination
While prenatal sex determination is permissible, it is essential to follow the following Islamic legal guidelines:
- Any of the prenatal sex determination methods should not cause harm to the newborn during the early stages of life or at any point in the future. This matter should be entrusted to qualified experts, as it is unacceptable for human beings to be used as test subjects or as targets of tampering.
- The procedure should be performed under the supervision of skilled specialist physicians.
- Such procedures should be performed at the individual level, not become widespread across society. If adopted at the collective level, they could disrupt the natural balance established by Allah Almighty, including the balanced ratio between males and females which, in turn, will affect the continuity of human reproduction.
The ruling
Based on the above, there is no objection in Islamic law to medical intervention for prenatal sex determination when there’s a necessity, such as avoiding certain hereditary diseases in both males and females or for the purpose of family balancing. However, this is something that must be applied on the individual level, rather than asserted as a collective claim. Moreover, the procedure must be performed under the supervision of a qualified expert, without causing harm to the newborn during the early stages of life or at any point in the future. Prenatal sex determination does not involve any objection to the will and decree of Allah Almighty; it is merely one of the causes that are part of Allah’s creation and will. Causes, in and of themselves, cannot bring about any effect but are entirely dependent on Allah’s command.
And Allah Almighty knows best.