Regulating Assisted Human Reproduction in Pakistan: The Role of the Council of Islamic Ideology

Abstract

Human procreation is a natural process by which this world has been sustained. The inability or difficulty to carry out human reproduction in a natural way leads to the adoption of assisted human reproduction (AHR). AHR techniques range from artificial insemination (AI) to the donation of human reproductive material, including gametes, embryos, or uteri. Consequently, human procreation through technological means creates medico-juridical challenges, particularly in Muslim societies, including Pakistan. To deal with this contemporary phenomenon in Pakistan, the Council of Islamic Ideology (CII) provides ethico-legal guidance harmonizing Sharīʿah (Islamic law) with civil law. This paper aims to examine the regulation of assisted human reproductive techniques in Pakistan, focusing on the recommendations of the Council of Islamic Ideology. It analyses the constitutional portfolio of this council in the legal framework of Pakistan, particularly shaping a harmonised approach to assisted reproductive techniques within the country. The primary question is whether the recommendations of the Council of Islamic Ideology have potential guidance on assisted human reproduction or not. Moreover, how are they helping the legislature to enact laws on the respective subjects? To follow the title, this study adopts qualitative research techniques, employing doctrinal and non-doctrinal methods of research. Moreover, this research introduces the potential venues for research on the issues related to assisted human reproductive techniques prevalent in the country.