Abstract
This research paper aims to discuss the significance of sperm smuggling among Palestinians as a means of resistance and sustenance. It does so by documenting the latest available data regarding sperm smuggling. This includes its definition, inception, methods, and the experiences of Palestinian male prisoners who rely on this practice. This paper also draws from historical data to illustrate the origins of sperm smuggling. It additionally presents statistics pertaining to Palestinian prisoners who engage in sperm smuggling for their wives. Additionally, the author conducts interviews which they incorporate in the research to offer an authentic perspective on how sperm smuggling is perceived among Palestinians. This includes insights from individuals who have undergone the experience, those who know individuals involved, or individuals with knowledge about the situation. The overarching theme of the research explores how this practice contributes to the growth of the Palestinian population as part of their resistance efforts.
Literature Review
Several previous researchers have conducted studies on the topic of sperm smuggling in Palestine. An academic journal article titled “In-Vitro Fertilisation of Prisoners’ Wives Using the Smuggled Sperm of the Prisoners” delves into the reality faced by Palestinian prisoners in Israeli jails. It highlights their suffering and deprivation of human rights. The study explores how Islamic law (Shar’ia) permits sperm smuggling as a means to enable the Palestinian population to grow despite the challenging circumstances (Hashim 2016). The research reveals that Palestinians are denied the right to normal reproduction due to the prohibition of conjugal visits between prisoners and their wives. These prisoners are also restricted on to visit their families at home (Hashim 2016).
Consequently, Palestinian prisoners sought alternative methods to exercise their reproductive rights, even in the face of racial discrimination by Israeli authorities. The study underscores the contrast in treatment. Jewish prisoners are allowed private meetings with their wives and the opportunity to have children. This is regardless of the crimes they have committed (Hashim 2016). The alternative avenue for Palestinian reproduction became “in-vitro fertilization of prisoners’ wives using the smuggled sperm of the prisoners” (Hashim 2016).
The study’s objective was to elucidate the position of Islamic Sharia on the issue of in-vitro fertilization of prisoners’ wives using smuggled sperm. This is in particular with cases where successful fertilization and procreation occurred. The process presented numerous risks, such as the potential mixing of lineages due to the mixing of sperms. Additionally, social acceptance of a wife’s pregnancy while her husband had been imprisoned for an extended period posed challenges. Notably, Israel’s occupation authorities disagreed with the notion of Palestinian prisoners procreating. They viewed it as “a terrorist begetting another terrorist like him.”
The research employed historical, descriptive, analytical, and comparative approaches. It also sought to establish the “validity of Islamic legislation in every time and place,” with Muslim experts offering religious verdicts for each new incident. A significant finding of the study was that the “artificial insemination known as ‘al-estdkhal’ by the Shafi’i and Hanafi jurists. This means the insertion of the sperm into a woman’s uterus without coitus” (Hashim 2016). Jurists provided various religious verdicts on this matter, including mandating a specific waiting period for a wife. During this period, she may not marry another man until lawful termination, or confirming the parenthood of a child.
In conclusion, the study put forth several recommendations. First, it urged Muslim governments to work towards the release of Palestinian prisoners from Israeli jails and ending their suffering. Additionally, it called on countries that value their religion to promote the study of infertility treatment and artificial insemination among women and girls (Hashim 2016). The research encountered challenges from religious, social, and security standpoints. It primarily focused on the conditions of Palestinian prisoners within Israeli jails and the legal aspects they confront. This encompassed Sharia legislation related to the release of prisoners, separation between spouses, in-vitro fertilization, implanting sperm into the wife’s womb, and preserving the husband’s sperm (Hashim 2016). The study utilized various approaches. One is including Quranic verses. The other is Hadith, then the four Madhhabs (Hanafi, Shafi, Hanbali, Malaki), scientific and religious definitions. Finally, a comprehensive table of contents to organize research subtopics.
Introduction
Palestine has been experiencing ongoing apartheid, war, and ethnic cleansing since the formation of the state of Israel nearly 75 years ago. The Israelis’ deprivation of their basic rights and livelihoods has led to the emergence of various forms of Palestinian resistance, including sperm smuggling. This is significant given that Israelis restrict Palestinians from displaying flags, for instance, and from openly reporting the violence perpetrated against them. As a result, forms of resistance have taken creative shapes such as using watermelons to symbolize the flag’s colors, engaging in resistance through literature, and employing the Handala. The focus of this research paper is to delve into the topic of sperm smuggling. Due to extended periods of separation from their families, Palestinian male prisoners often find it challenging to have children. This paper aims to explore the concept of sperm smuggling, its implications, and how it has affected the lives of Palestinians.
When did Sperm Smuggling Start?
According to a 2022 article published by the Australian Broadcasting Corporation, there “was no publicly available data on how many Palestinian couples have conceived using sperm smuggling from Israeli prisons. However, there have been dozens since the mid-2000s” (ABC 2022). Palestinians have informed the author of this research that sperm smuggling was an idea which came from Palestinian prisoner, the leader Abbas Al Sayed. Sperm smuggling is also a “biopolitical act of resistance”. Palestinian prisoners, mainly from the West Bank and Gaza, depended on it. They would deliver sperm to their wives for later use in artificial insemination, according to a 2019 academic article titled “Every Sperm is Sacred: Palestinian Prisoners, Smuggled Semen, and Derrida’s Prophecy” (Hamdan 2019).
Based on Hamdan’s research, there were more than 5000 political prisoners in Israeli jails serving life sentences for offenses. These “ranged from stone throwing and burning tires, to killing Israeli soldiers” (Hamdan 2019). Israeli authorities imposed high restrictions through prison laws, like denying conjugal visits. Hamdan asserts this was brought into public awareness by local and international media on a daily basis, and had far-reaching consequences for the desires of Palestinian prisoners (Hamdan 2019). Walid Daka, jailed for twenty-five years, continually had his conjugal rights rejected. To him and other Palestinian prisoners, “every sperm is sacred” (Hamdan 2019).
Gynecologists were dissatisfied with how Palestinian prisoners were denied conjugal visits. One gynecologist working in a fertility clinic in Ramallah, as stated by Gala Rexer in her academic journal “Borderlands of Reproduction: Bodies, borders, and Assisted Reproductive Technologies in Israel/Palestine,” found this particularly problematic. She stressed that Palestinian bodies and their reproduction under settler colonialism are inherently political. The gynecologist remarked, “it will not affect Israeli security if they allow the prisoner to sleep with his wife for a few hours.”
Hamdan’s research further explains that “the value of sperm as a biopolitical act of resistance stems from the fact that the Zionist project in Palestine is rooted in the definition and development of Israel as a Jewish state” (Hamdan 2019). This entails containing the Palestinian population since 1948. It has “posed an existential threat to the Jewish collective body,” according to Hamdan (2019). The definition of Israel is highly based on the politics of numbers. Early Zionist settlers saw the dispersion of Palestinians and the increasing numbers of Jewish citizens as pivotal to the establishment of a “mono-religious” Jewish state (Hamdan 2019).
Thus, “nationalist biopolitics,” as Hamdan terms it, is an issue not only for Zionists but also for Arab Palestinians. Women’s bodies in “both polities” are central to the production of national discourses. Both sides of the political conflict understand the significance of women’s bodies and health in demographic warfare. In individual interviews conducted by the writer of this research, Jehad Ziyad Abu Ne’me, from the Islamic University in Gaza, emphasized the importance of sperm smuggling to Palestinians as a form of resistance. The growth of the human population is crucial to them. They face various difficulties in raising children due to their status as prisoners living away from their families.
Rexer further explains that sperm smuggling, politically, is considered a “border crossing practice” (Rexer 2016). According to his research, this was the case for some Palestinian families. Farida’s family, a woman who lived in a village close to Ramallah with her daughter-in-law, got pregnant by undergoing IVF with her husband’s smuggled sperm (Rexer 2016). It was “framed as defiance of the Israeli military. This was because of the hegemonic Israeli interpellation of both the Palestinian and the Israeli population in political terms” (Rexer 2016).
In general, sperm smuggling is not new to Palestinians. According to an article from Middle East Eye, “secret letters were traditionally passed via released prisoners by swallowing the compressed letter wrapped in a plastic casing” (Middle East Eye). At the beginning of the idea, a Palestinian medical equipment engineer back in the 2000s couldn’t conceive a baby naturally with his wife, and they were already undergoing treatment at a fertility clinic, where his sperm sample was frozen (Middle East Eye). After the man was arrested, his wife went through the procedure and successfully became pregnant (Middle East Eye). The man then shared the idea with other prisoners, and Ammar Al-Ziban, who hailed from the village of Silwad, had been imprisoned since 1998 and sentenced to 27 years plus another 25, found it appealing (Middle East Eye).
He had two daughters with his wife Dalal but always desired a son. However, when he wanted to attempt the sperm smuggling operation in 2006, he faced political, religious, and social reservations (Middle East Eye). Nonetheless, he managed to obtain a fatwa from senior Mufti Sheikh Ikrima Sabri, which required “previous sexual intercourse between the married couple before the husband was arrested.” Additionally, both sides of the families needed to be aware of the operation, and three members from each side had to be present at the fertility clinic before any insemination took place (Middle East Eye).
Later on, sperm smuggling gained support from leaders like the former president of the PLO (Palestinian Liberation Organization), Yasser Arafat, and Hamas leader AbdelAziz Al-Rantisi, from before 2003. It emphasized the “right of the prisoners to have children.” When Al-Ziban managed to smuggle his sperm, his wife Dalal gave birth to the first baby born through sperm smuggling, Muhannad (Middle East Eye). By the same year, 2012, it was reported that 45 samples had been collected after Dalal’s success, later increasing to 70 samples (Middle East Eye).
How is Sperm Smuggling Done?
Dr. Abu Ne’me, in the individual interview, informed that sperm smuggling would happen through specialized centers. The Palestinian prisoner hands his wife the sperms in a container, which gets transported through specialized centers with the help of lawyers. In the center, doctors plant it in their wife’s womb, which is “the purest form of happiness for the Palestinian family.” Dr. Abu Ne’me also points out that sperm smuggling is not only restricted to Palestinians sentenced to jail for many years but also to those who have the ability to do so, are aware of security and trust, and are free to decide whether they want to go through with it or not.
According to media outlets, The Razan Medical Center for Fertility and IVF in the West Bank town of Nablus performs artificial inseminations. Doctors report having dozens of samples from prisoners, which come in at all hours of the day and night. They are handed over in all sorts of containers, as the doctors determine whether a sample is viable, while others have to be discarded (Sidner 2019). Methods used by prisoners include cups, ointment containers (Sidner 2019), and even bags of crisps given to the wife during visits, according to Mohammed Faris Jeredat in another individual interview conducted by the writer of this research.
Sometimes, according to a CNN article, doctors at the center cannot verify whether the sperm is actually from the husbands in prison. In such cases, they require close relatives from both the wife and husband’s sides of the family to sign papers stating that the sperm belongs to the husband in prison (Sidra 2013). A Los Angeles Times article, through interviews with doctors in clinics treating about five women pregnant with children of prisoners, informs about some of the improvised containers used to smuggle seminal fluid out of prisons. The sperm can survive for a maximum of 48 hours before freezing (Mitnick 2016). According to a Washington Post article, semen can remain viable for up to 12 hours outside the body (Eglash et al. 2014).
Sperms also go through the Nablus medical center, according to Palestinian researcher Faris Jeredat. He says that the sperms have to reach there as soon as possible before they become unviable. Other ways sperms can arrive at clinics include medicine containers, the barrels of pens, candy wrappers, chocolate bars, and even in the tip of a rubber glove inside a mush of dates (Eglash et al. 2014). Other makeshift “vessels” were placed in the pockets of children whenever they were allowed to hug their fathers. However, the smuggling now depends on the prisoner who is about to be released. Logistical concerns between the families of the wife and the prisoner who sent his sperm and the newly released one would be figured out beforehand. They would be present at the reception of the released prisoner, and that is where the transfer takes place.
According to a Middle East Eye article, there are 14 IVF clinics in the West Bank and Gaza strip (Middle East Eye 2015). IVF treatment in the West Bank usually costs between $2000 and $3000, according to a Washington Post article (Eglash et al. 2014). However, the Razan Fertility Centre is the only one that does not charge the required $3,000 for the procedure for “humanitarian reasons” (Middle East Eye 2015). By 2015, 6000 prisoners were in Israeli jails, and over 1000 were sentenced to 20 years or more. In 2011, a prisoner swap deal saw the release of 1027 Palestinian prisoners in exchange for one Israeli soldier held in captivity by Hamas (Middle East Eye 2015). Many of the older prisoners were still recently jailed by then and did not get the chance to have a family. After the prisoners’ release over two decades later, the wife was unable to get pregnant because of her age (Middle East Eye 2015).
The Experience of Palestinians with Sperm Smuggling
Not only were conjugal visits not allowed as part of the restrictions in Israeli jails, but also physical touch wasn’t allowed through windows, along with giving gifts and food. Israeli authorities wanted to prevent smuggling of phones and sperm. Yahya Mohammed Bashir, a news writer, editor, and political writer, informed the writer of this research through an interview about his experience. “Yahya had never been arrested before except once during the uprising of 2003, two years before Israel moved out of Gaza, and it did not last for more than 48 hours.” However, his older brother, Mos’aab, “was arrested under the accusation of planning operations in occupied Jerusalem in 2006. He was accused of gathering information and planning to take over Israeli managers. He was sentenced to Israeli prison for four years, along with a ban from entering the occupied lands in 1948, considering he was a previous employee in a humanitarian cooperation.”
Faris Jeredat, a Palestinian researcher the writer of this research spoke to in an interview, pointed out how “children born through sperm smuggling were a surprise for the Israelis, to the point where they refused to identify them through birth certificates.” Moreover, he said that sperm smuggling “crossed the boundaries of taboos and security.” The taboos refer to families’ cultural reasons for not wanting to go through sperm smuggling, and security relates to the oppression in Israeli prisons. His two friends, Mohammed Al Teheni (a previous prisoner) and Abdulfatah Al Shalabi (a current prisoner), were able to smuggle sperms using empty bags of crisps, with the help of lawyers.
The Institute of Palestinian Studies reports cases of giving birth through sperm smuggling. In October 7th, 2021, Ranan Hamed, the wife of Palestinian prisoner Islam Hamed (jailed for 6 years), gave birth to twins, a male and a female, whom she named Mohammed and Khadeeja. According to the article, Hamed’s case was considered the third case in 2021, and the number of children born through sperm smuggling had reached 99. Hamed’s case was number 70 in the count since 2012. Additionally, Muhannad Al Nour’s case was reported on August 13, 2012. This type of victory, according to the Institute of Palestinian Studies, “laid the foundations for a new phase towards generalization and transitioning from victory to collective victory, constituting a breakthrough towards a battle, cursed by the Israeli prison administration, approved by international covenants, and guaranteed by the Sharia law.” Childbearing happens through artificial insemination, if possible, and if conditions are compatible with Islamic law.
In general, Palestinian wives face difficulties due to the limited female productive life. Doctors claim prisoners’ wives face this issue because “they will never have children or more children if their husbands are imprisoned for life. Apart from being too late to conceive, their husbands may even leave them for another woman who can.” Some doctors offer them fertility treatment for free, seeing it as an act of humanity, as they believe the woman pays the heavy price.
On the other hand, Israeli prison officials doubt the validity of the women’s stories. A spokesperson for the Israeli Prison Authority expressed doubt about the technical ability for sperm donation due to strict controls and security inside the prison. Fertility specialists in the US said it’s possible for sperm to survive anywhere from a few hours to up to 48 hours in clean unconventional containers at room temperature.
Despite Israeli prisoners being allowed conjugal visits, “most notably for Yigal Amir, who assassinated Israeli Prime Minister Yitzhak Rabin in 1995, they are not permitted for Palestinians from the West Bank or Gaza Strip.” This was a main cause of Palestinian prisoners becoming creative and coming up with sperm smuggling. From a religious Islamic perspective, sperm smuggling was approved by the majority of the muftis, each defining certain stipulations for the permissibility of this type of IVF.
Palestinian prisoners, according to a Middle East Eye article, are allowed visits every two weeks that last for only 45 minutes. Family members must be first-degree relations, and after a thorough body search, they are able to talk to their loved ones behind a glass window through a telephone. Physical contact is forbidden, except for children of prisoners who are allowed 10 minutes at the end of each visit to embrace their fathers. In light of sperm smuggling, Israeli administrators try to prevent it from happening. Some of them even consider it a “great injustice,” claiming that “those who were murdered by ‘terrorists’ will never get to marry and live their lives, while those who commit the murders are in a situation where they can always start a new life.”
Generally, the prisoners’ issue is a major point of contention between Palestinians and Israelis that makes discussing possibilities of peace “difficult.” A peace talk led by the U.S. did not work out well after Palestinians sought recognition led by the United Nations but reneged on releasing prisoners jailed before the 1993 Oslo Accords. The Fatah movement announced a unity government with Hamas, and Israel suspended the talks. According to data, 5,000 Palestinians are serving security sentences handed down by Israeli military courts. A 2012 study by the Palestinian prime minister’s office also suggested that about 800,000 Palestinian men, nearly 20% of the population of the West Bank and Gaza, spent a week or more in an Israeli jail since 1967.
Former prisoners who served 20-year sentences previously pointed out how prisoners always talked about having children while inside. They discussed how to do it, and they believe that “even if Israel tried to stop it,” it would continue to happen.
Scope of Sperm Smuggling Among Palestinian Prisoners
Palestinian political writer Bashir asserts that “only Palestinian prisoners sentenced to many years in Israeli jails are the ones who rely on sperm smuggling to maintain the family lineage.” He notes that there have been increasing success stories in this regard due to heightened awareness among the prisoners and their families, cultural shifts, and advancements in medical techniques for sperm implantation, pregnancy, and childbirth. However, Palestinian researcher Jeredat contends that it’s not only those prisoners with lengthy sentences who engage in sperm smuggling, even though they are the ones who depend on it the most.
Jeredat points out that “as a Palestinian prisoner, one cannot predict how long they will be separated from their families. Beyond sperm smuggling, Palestinians have managed to plan marriages and proposals while in jail through visits, then combining sperm smuggling to strive for creating complete families even without physical contact.” He underscores the “personal and patriotic significance of sperm smuggling.” Palestinian prisoners resort to using smuggled phones to maintain connections, and the positive outcomes of these efforts have profound effects on families. Life continues, relationships persist religiously and patriotically, despite the oppression imposed by Israelis.
Israel’s Position on Sperm Smuggling Among Palestinian Prisoners
In a BBC article titled “Palestinians Born ‘from Prisoners’ Smuggled Sperm,” the Israel Prison Service (IPS) has expressed doubt regarding the claims of sperm smuggling. The IPS states that while it cannot be completely dismissed, it’s difficult to believe such occurrences due to the stringent security measures in place when prisoners meet their relatives (Donnison 2016). Typically, there is minimal physical contact during prison visits, with the last 10 minutes allowing prisoners’ children under the age of eight to interact with their fathers (Donnison 2016).
However, as Palestinian Authority Minister of Prisons Issa Qaraqa highlights, Israeli prisoners are granted more rights. They are permitted to leave the prison for home visits and spend time with their wives (Donnison 2016). For example, Yigal Amir, an Israeli extremist sentenced to life for assassinating Israeli Prime Minister Yitzhak Rabin in 1995, was allowed to marry and have conjugal visits, resulting in the birth of a son in 2007 (Donnison 2016). In this context, medical professionals believe that Palestinians should be granted similar rights.
News of Palestinian prisoners’ babies being born is often met with criticism from Israelis. They argue that Palestinian prisoners benefit from their situation by receiving education and proper nutrition. They see the situation as an absurd scenario where new life emerges from the circumstances. Nevertheless, doctors hold out hope for the future well-being of women.
Sperm Smuggling in Palestinian Culture
Several films have been released that address the topic of sperm smuggling. One such fictional film is “Amira”. It premiered at the Venice Biennale in September 2021 and won two awards (Carey et al. 2021). The story revolves around a seventeen-year-old Palestinian girl named Amira, whose father is a prisoner in an Israeli jail. She was conceived through sperm smuggling from her imprisoned father; however, it is revealed that the man she believed to be her father is impotent, and her mother became pregnant with the semen of an Israeli prison guard (Carey et al. 2021). The film garnered backlash on social media, with complaints from Palestinian factions and families with children conceived through sperm smuggling. This led to the withdrawal of the film’s Oscar nomination and raised doubts about its screening in Jordan and the wider region (Carey et al. 2021).
The film’s storyline involves a teenage girl discovering the truth about her conception through DNA testing. It was viewed by the Palestinian and Arab public as an insult to Palestinian prisoners and their struggle for freedom. The public outcry on social media and calls for a boycott forced the producer to withdraw the film’s Oscar nomination. It also raised questions about its screening prospects (Carey et al. 2021).
“Paradise Now” is another film that touches on the reality of Palestinian prisoners, as discussed in an analysis by Kristin Einarsdottir (Einarsdottir 2014). In this film, a taxi driver discusses with a character named Said how the Israelis have allegedly polluted drinking water, affecting the sperm production in Palestinian men (Einarsdottir 2014). The analysis suggests that the film portrays the Israeli state’s use of biopower to control Palestinian birth rates and fertility through various means. This includes water pollution (Einarsdottir 2014). The film also depicts the broader challenges and restrictions faced by Palestinians due to economic and political issues caused by Israeli policies. This potentially influences mortality rates (Einarsdottir 2014).
Overall, these films contribute to the discussion of the challenges and complexities faced by Palestinian prisoners and their families. They shed light on the intersections of personal struggles, politics, and social dynamics.
Conclusion
Sperm smuggling is a source of happiness for Palestinians. It enables them to achieve parenthood despite the physical barriers imposed by Israeli prisons. It serves as a form of resistance, highlighting that prison confinement cannot hinder the growth of the Palestinian population. The act of smuggling sperm and facilitating pregnancies demonstrates the prisoners’ enduring connection to life even amidst incarceration. Nevertheless, Palestinian wives hold onto the hope that a day will come when sperm smuggling is no longer necessary. This is either due to the release of their husbands or the allowance of conjugal visits by the Israeli authorities. Nonetheless, to this day, Palestinian prisoners are likely to persist in smuggling sperm for their wives. Medical professionals continue to anticipate the birth of more and more children through this unconventional means.
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