Is artificial insemination regarded as taking back a wife who is revocably divorced?

Question

Praise be to Allah.

Firstly:

There are several
problems with artificial insemination, and taking this matter lightly leads
to serious negative consequences. It is essential for both partners to be
cautious with regard to this matter and to ensure that this procedure is
done by trustworthy medical professionals.

Please see the
answer to question no.3474

Secondly:

The scholars
differed concerning taking back the wife when her ‘iddah has not yet ended:
is that accomplished just by doing the deed, or is it essential to speak
words to that effect, as at the beginning of marriage?

It says in
al-Mawsoo‘ah al-Fiqhiyyah (22/9-12):

The fuqaha’ are
unanimously agreed that taking back the wife is valid if words are uttered
to that effect, such as if he says to his (revocably) divorced wife before
the ‘iddah ends, “I take you back” or any other words to that effect.

With regard to
taking back the wife by means of actions:

The Hanafis are of
the view that intercourse and things that precede it are valid for taking
the wife back. The Maalikis are of the view that taking the wife back is
valid in the form of actions such as intercourse and things that precede it,
on condition that the husband intends by these actions to take his wife
back.

According to the
Shaafa‘is, taking back the wife in the form of actions is not valid in any
circumstances, whether it is done by intercourse or the things that precede
it, and whether or not the action is accompanied by the husband’s intention
to take her back.

The Hanbalis
differentiated between intercourse and the things that precede it, with
regard to the validity of taking the wife back. In their view, taking the
wife back in the form of intercourse is valid, but not in the form of things
that precede intercourse.

End quote.

The most correct
scholarly opinion concerning this matter is that taking the wife back may be
done by actions, if the intention is to take her back. However, if he does
not intend to take her back, then that cannot be done merely by actions.

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:

He may take her
back by uttering words, so he may say: I take my wife back. Or he may take
her back by means of actions, so he may have intercourse with her with the
intention of taking her back.

End quote from
Fataawa Islamiyyah, 3/423

See also the
answer to question no. 101702

Thirdly:

Based on the
above, if the husband intends to take his wife back, then it is permissible
for them to undergo artificial insemination, and it is sufficient for them
to go ahead with this procedure, if the husband intends thereby to take his
wife back. It is not stipulated that he should take her back by uttering
words, although that is preferable and more on the safe side.

If he has taken
his wife back by his words or by his actions accompanied by the intention,
then her ‘iddah has ended, because she is no longer regarded as divorced;
rather she has gone back to being truly married. So there is no need to
consider her ‘iddah or how it will end, unless he divorces her again.

But if he did not
intend to take his wife back, it is not permissible for him to go ahead with
artificial insemination with her when she is divorced from him, because
artificial insemination is only permissible with one’s wife, and merely
doing artificial insemination without the intention of taking her back does
not constitute taking her back.

And Allah knows
best.