Can a Widow Use Frozen Embryos After Her Husband’s Death for Conception?

Answered by Shaykh Irshaad Sedick

Question

If a husband passes away, is his wife permitted to use their frozen embryos for conception?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

No, it is not permissible for a widow to use frozen embryos for conception after her husband’s death. According to the fatwa of the Jordanian General Iftaa’ Department, the use of fertilized embryos is only allowed while the marital contract is valid and in effect. After the husband’s passing, the marriage is no longer considered legally effective for the purposes of reproduction, and thus the procedure becomes impermissible.

The Iftaa’ Department explains that this ruling is grounded in the objectives of preserving lineage (nasab) and preventing confusion in paternity or inheritance, both of which are strictly safeguarded in Sharia. Their full fatwa can be read here:

Islamic Ruling on Freezing Embryos.

Does the Marriage Contract End with Death?

That said, Shafi’i jurists note that certain effects of the marriage continue even after death. For example, it is stated:

“The Shafi‘is explicitly said that the effects of the marriage contract do not entirely cease with death—proof being that she may wash his body.” [Bujayrami, Hashiyat al-Bujayrami ‘ala al-Manhaj]

This, however, refers to legal rights and responsibilities related to honor and dignity, not to issues like procreation, which require a living, valid marital bond. So while death does not erase all traces of the marriage, it does terminate the conditions necessary for acts like posthumous conception.

In conclusion, despite some juristic nuances regarding the lingering effects of marriage after death, the correct and precautionary ruling—as emphasized by reliable fatwa bodies—is that using embryos after the death of a spouse is impermissible.

And Allah knows best.

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.