Modern methods of reproduction from a jurisprudential and legal point of view (Article: Advantages of modern fertility methods)
a Samira Mozaffari Laqa ,b Mahmoud
Aghajani, Investigating the
benefits of using different types of modern reproductive methods from the
perspective of Imami jurisprudence and medical science and Iranian law''International
Conference on Jurisprudence, Law and Religious Research, Virtual Universities
of the Islamic World , Ibn Sina International College Georgia ,
(September 2020)
a M.A in Family Law, Department of Islamic Law and Education,
Kerman Branch, Islamic Azad University, Kerman, Iran
b Ph.D. in Jurisprudence and Islamic Law,
Assistant Professor of Islamic Jurisprudence and Foundations, Kerman
Branch, Islamic Azad University, Kerman, Iran
Site address and place of publication of the
article: https://www.iccad.ir/fa/
The focus of the Conference: Humanities,
jurisprudence, Law
Article Axis: Benefits of using different types
of modern reproductive methods
|
Investigating the
benefits of using different types of modern fertility methods from the
perspective of Imamieh jurisprudence, medical science and Iranian law
Abstract
Artificial insemination
is a therapeutic approach, developed in the late twentieth century to treat
infertility in couples. This method was started in1765 in the beginning of fish and finally led to the treatment of infertility
in humans. The use of these methods has a number of benefits, the
jurisprudential benefits of which are having a child without any forbidden
action. Legally, couples do not have adoption problems. And medically, it is
done when treating couples infertility disorders with medication is not
effective. This method of treatment is permissible and correct from the point
of view of jurists and is legally valid and in accordance with the interests
and survival of the family. We have also achieved a number of results,
including the fact that such children are related to the owners of sperm and
eggs in terms of lineage and have a legal lineage and relative relationship
with them.
Keywords: New Fertility, Medical Science, Imamieh Jurisprudence, Iranian Law
After
the researches done on the subject of modern fertility, an attempt was made to
identify and express new methods of reproduction by using scientific findings
and religious principles and quoting of scientists, and jurists. Considering
the verses of the Qur'an and the narrations of the infallibles and the emphasis
of the holy sharia of Islam on the importance of marriage and childbearing and
the survival of the generation, it was concluded that of Islam does not impose
any hard sharia. The use of these types of fertility, like any other operation
that is performed also brings a benefits. The view of the jurists regarding
this type of fertility is that wherever insemination is the result of combining
sperm and ovum, if there is a marital relationship between them, there are no
forbidden actions. As a result the jurists have considered them legitimate and correct.
Because its realization strengthens the family and the natural needs of the
couple are answered in this way. Including these methods that can be mentioned,
insemination of the sperm with the wife, or insemination of the man's sperm
with the ovum of his second wife and transfer of sperm to the wife's uterus. In
these cases, they are permissible if they are not accompanied by forbidden
provisions and are considered as cases of hardship. However, in the case where
a stranger's ovum is transferred to a woman's uterus to combine with a man's
sperm, or to be inseminated in a laboratory as of a combination of sperm and ovum’s
stranger', then the jurists do not allow this to happen and the fatwa they
forbade it. Because its consequences and effects affect the generation and of
the parents and the future condition of the child. It also disrupts marital
life and family peace. And psychologically, it leaves a negative effect on the
couple. Regarding the use of the surrogate mother method and the surrogate
uterus, it was concluded that due to the mentioned method, good morals, the
public order of the society is endangered. However ,due to in order to
emphasize the divine religions, especially the religion of Islam, on
procreation, the fulfillment of the purposes of Shari ‘a is considered a
priority, and regarding this type of fertility, the jurists unanimously
consider it permissible and prescribe it, provided that the prohibited action,
is not made in it. Other results we obtained were the advantages of using these
methods, which are:
1-
The use of these methods responds to the innate need and instinctive
sense of man to have a child, the realization of which leads to the
strengthening of family expression.
2-It causes negation of
hardship in the family because since not having children causes hardship for
families, using these methods causes more friendship between the couple.
3- It reduces the problems of family and community because by using these methods, couples no longer face the problems caused by orphanage children.
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For the first time: (Mozaffari Laqa, Samira and
Mahmoud Aghajani,(2020)
(2020)For the second time onwards: Mozaffari Laqa and Aghajani,
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