Methods of Artificial Reproduction (book) - Revision history

Sarfipour: /* Injection of the husband’s sperm */

2026-04-25T20:05:35Z

Injection of the husband’s sperm

← Older revision		Revision as of 20:05, 25 April 2026
Line 86:		Line 86:
	In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Marital prohibitions (Mahramiyah), do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).		In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Marital prohibitions (Mahramiyah), do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).
	=== Abortion ===		=== Abortion ===
	Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the Gestational mother as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the ~~soul is blown into the body~~ (pp. 483-484).		Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the Gestational mother as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the Ensoulment (Nafkh al-Rūḥ) (pp. 483-484).
	[[fa:وسائل الانجاب الصناعیة (کتاب)]]		[[fa:وسائل الانجاب الصناعیة (کتاب)]]
	[[Category:Bibliography Articles]]		[[Category:Bibliography Articles]]
	[[Category:Books by Mohammad Reza Sistani]]		[[Category:Books by Mohammad Reza Sistani]]
	[[Category:Books on Artificial Insemination]]		[[Category:Books on Artificial Insemination]]

Sarfipour: /* Injection of the husband’s sperm */

2026-04-25T20:05:01Z

Injection of the husband’s sperm

← Older revision		Revision as of 20:05, 25 April 2026
Line 84:		Line 84:
	Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and Linguistic usage, the title of mother refers to the Gestational mother who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the Gestational mother (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).		Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and Linguistic usage, the title of mother refers to the Gestational mother who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the Gestational mother (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).
	=== Inheritance and rules of fostering ===		=== Inheritance and rules of fostering ===
	In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the ~~Prohibition of marriage~~, do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).		In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Marital prohibitions (Mahramiyah), do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).
	=== Abortion ===		=== Abortion ===
	Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the Gestational mother as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the soul is blown into the body (pp. 483-484).		Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the Gestational mother as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the soul is blown into the body (pp. 483-484).

Sarfipour: /* Injection of the husband’s sperm */

2026-04-25T20:04:29Z

Injection of the husband’s sperm

← Older revision		Revision as of 20:04, 25 April 2026
Line 82:		Line 82:
	In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).		In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
	=== Lineage and adoption ===		=== Lineage and adoption ===
	Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and ~~lexicology~~, the title of mother refers to the Gestational mother who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the Gestational mother (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).		Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and Linguistic usage, the title of mother refers to the Gestational mother who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the Gestational mother (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).
	=== Inheritance and rules of fostering ===		=== Inheritance and rules of fostering ===
	In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).		In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).

Sarfipour: /* Injection of the husband’s sperm */

2026-04-25T20:03:52Z

Injection of the husband’s sperm

← Older revision		Revision as of 20:03, 25 April 2026
Line 82:		Line 82:
	In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).		In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
	=== Lineage and adoption ===		=== Lineage and adoption ===
	Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the ~~owner of the womb~~ who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the ~~owner of the womb~~ (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).		Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the Gestational mother who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the Gestational mother (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).
	=== Inheritance and rules of fostering ===		=== Inheritance and rules of fostering ===
	In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the ~~owner of the womb~~ has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the ~~owner of the womb~~ and the child born by Assisted Reproduction (p. 481).		In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).
	=== Abortion ===		=== Abortion ===
	Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the ~~owner of the womb~~ as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the soul is blown into the body (pp. 483-484).		Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the Gestational mother as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the soul is blown into the body (pp. 483-484).
	[[fa:وسائل الانجاب الصناعیة (کتاب)]]		[[fa:وسائل الانجاب الصناعیة (کتاب)]]
	[[Category:Bibliography Articles]]		[[Category:Bibliography Articles]]
	[[Category:Books by Mohammad Reza Sistani]]		[[Category:Books by Mohammad Reza Sistani]]
	[[Category:Books on Artificial Insemination]]		[[Category:Books on Artificial Insemination]]

Sarfipour: /* Injection of the husband’s sperm */

2026-04-25T20:03:23Z

Injection of the husband’s sperm

← Older revision		Revision as of 20:03, 25 April 2026
Line 82:		Line 82:
	In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).		In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
	=== Lineage and adoption ===		=== Lineage and adoption ===
	Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only ~~Affiliated~~ the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).		Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).
	=== Inheritance and rules of fostering ===		=== Inheritance and rules of fostering ===
	In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the owner of the womb has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the owner of the womb and the child born by Assisted Reproduction (p. 481).		In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the owner of the womb has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the owner of the womb and the child born by Assisted Reproduction (p. 481).

Sarfipour: /* Injection of the husband’s sperm */

2026-04-25T20:02:57Z

Injection of the husband’s sperm

Sarfipour at 20:02, 25 April 2026

2026-04-25T20:02:24Z

← Older revision		Revision as of 20:02, 25 April 2026
Line 80:		Line 80:
	== Jurisprudential consequences of Assisted Reproduction ==		== Jurisprudential consequences of Assisted Reproduction ==
	=== Iddah and Maintenance (Nafaqah) for the wife ===		=== Iddah and Maintenance (Nafaqah) for the wife ===
	In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a ~~penetrated woman~~ alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Unrelated individual man was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).		In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Unrelated individual man was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
	=== Lineage and adoption ===		=== Lineage and adoption ===
	Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Affiliated the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).		Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Affiliated the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).

Sarfipour: /* Jurisprudential consequences of Assisted Reproduction */

2026-04-25T20:01:31Z

Jurisprudential consequences of Assisted Reproduction

← Older revision		Revision as of 20:01, 25 April 2026
Line 79:		Line 79:

	== Jurisprudential consequences of Assisted Reproduction ==		== Jurisprudential consequences of Assisted Reproduction ==
	=== Iddah and ~~cost of maintenance~~ for the wife ===		=== Iddah and Maintenance (Nafaqah) for the wife ===
	In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a penetrated woman alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Unrelated individual man was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).		In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a penetrated woman alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Unrelated individual man was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
	=== Lineage and adoption ===		=== Lineage and adoption ===

Sarfipour: /* Implanting another woman’s egg */

2026-04-25T19:59:27Z

Implanting another woman’s egg

← Older revision		Revision as of 19:59, 25 April 2026
Line 73:		Line 73:

	== Prohibitions related to Assisted Reproduction ==		== Prohibitions related to Assisted Reproduction ==
	In the second chapter, the author has discussed a series of forbidden matters that may be done in the process of Assisted Reproduction; for example, looking at the ‘‘ʿAwrah’’ (Private parts) of the opposite sex is haram, and uncovering the ‘‘ʿAwrah’’ (Private parts) is also not permissible because it causes a haram look. However, uncovering the ‘‘ʿAwrah’’ (Private parts) before a ~~doctor~~ of the same sex for the purpose of Assisted Reproduction may be considered permissible because it has a Rational purpose, and it is definitely permissible if there is a necessity. Also, uncovering the body of a woman who is not elderly before a ~~doctor~~ of the opposite sex is forbidden and is permissible only on the assumption of necessity (p. 190).		In the second chapter, the author has discussed a series of forbidden matters that may be done in the process of Assisted Reproduction; for example, looking at the ‘‘ʿAwrah’’ (Private parts) of the opposite sex is haram, and uncovering the ‘‘ʿAwrah’’ (Private parts) is also not permissible because it causes a haram look. However, uncovering the ‘‘ʿAwrah’’ (Private parts) before a Healthcare provider of the same sex for the purpose of Assisted Reproduction may be considered permissible because it has a Rational purpose, and it is definitely permissible if there is a necessity. Also, uncovering the body of a woman who is not elderly before a Healthcare provider of the opposite sex is forbidden and is permissible only on the assumption of necessity (p. 190).
	=== Secondary reasons ===		=== Secondary reasons ===
	According to secondary rules such as the principle of “no harm,” if it is not possible to perform Assisted Reproduction based on religious conditions and if avoiding it entails harm to the spouses, some matters such as not covering the body before a ~~doctor~~ or ~~nurse~~ who does not abide by the rules of Sharia are permissible based on secondary rulings (p. 339). Also, according to the rule of “no hardship,” if conducting Assisted Reproduction in compliance with the conditions of Sharia results in Undue hardship for the couple, then performing it without abiding by the rules of Sharia is permissible by a secondary ruling (p. 349).		According to secondary rules such as the principle of “no harm,” if it is not possible to perform Assisted Reproduction based on religious conditions and if avoiding it entails harm to the spouses, some matters such as not covering the body before a Healthcare provider or Healthcare provider who does not abide by the rules of Sharia are permissible based on secondary rulings (p. 339). Also, according to the rule of “no hardship,” if conducting Assisted Reproduction in compliance with the conditions of Sharia results in Undue hardship for the couple, then performing it without abiding by the rules of Sharia is permissible by a secondary ruling (p. 349).

Sarfipour: /* Implanting another woman’s egg */

2026-04-25T19:58:17Z

Implanting another woman’s egg

← Older revision		Revision as of 19:58, 25 April 2026
Line 75:		Line 75:
	In the second chapter, the author has discussed a series of forbidden matters that may be done in the process of Assisted Reproduction; for example, looking at the ‘‘ʿAwrah’’ (Private parts) of the opposite sex is haram, and uncovering the ‘‘ʿAwrah’’ (Private parts) is also not permissible because it causes a haram look. However, uncovering the ‘‘ʿAwrah’’ (Private parts) before a doctor of the same sex for the purpose of Assisted Reproduction may be considered permissible because it has a Rational purpose, and it is definitely permissible if there is a necessity. Also, uncovering the body of a woman who is not elderly before a doctor of the opposite sex is forbidden and is permissible only on the assumption of necessity (p. 190).		In the second chapter, the author has discussed a series of forbidden matters that may be done in the process of Assisted Reproduction; for example, looking at the ‘‘ʿAwrah’’ (Private parts) of the opposite sex is haram, and uncovering the ‘‘ʿAwrah’’ (Private parts) is also not permissible because it causes a haram look. However, uncovering the ‘‘ʿAwrah’’ (Private parts) before a doctor of the same sex for the purpose of Assisted Reproduction may be considered permissible because it has a Rational purpose, and it is definitely permissible if there is a necessity. Also, uncovering the body of a woman who is not elderly before a doctor of the opposite sex is forbidden and is permissible only on the assumption of necessity (p. 190).
	=== Secondary reasons ===		=== Secondary reasons ===
	According to secondary rules such as the principle of “no harm,” if it is not possible to perform Assisted Reproduction based on religious conditions and if avoiding it entails harm to the spouses, some matters such as not covering the body before a doctor or nurse who does not abide by the rules of Sharia are permissible based on secondary rulings (p. 339). Also, according to the rule of “no hardship,” if conducting Assisted Reproduction in compliance with the conditions of Sharia results in ~~severe~~ hardship ~~and trouble~~ for the couple, then performing it without abiding by the rules of Sharia is permissible by a secondary ruling (p. 349).		According to secondary rules such as the principle of “no harm,” if it is not possible to perform Assisted Reproduction based on religious conditions and if avoiding it entails harm to the spouses, some matters such as not covering the body before a doctor or nurse who does not abide by the rules of Sharia are permissible based on secondary rulings (p. 339). Also, according to the rule of “no hardship,” if conducting Assisted Reproduction in compliance with the conditions of Sharia results in Undue hardship for the couple, then performing it without abiding by the rules of Sharia is permissible by a secondary ruling (p. 349).


Line 86:		Line 86:
	In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the owner of the womb has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the owner of the womb and the child born by Assisted Reproduction (p. 481).		In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the owner of the womb has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the owner of the womb and the child born by Assisted Reproduction (p. 481).
	=== Abortion ===		=== Abortion ===
	Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the owner of the womb as well. However, if avoiding abortion leads to ~~severe~~ hardship ~~and trouble~~, abortion is permissible until before the soul is blown into the body (pp. 483-484).		Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the owner of the womb as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the soul is blown into the body (pp. 483-484).
	[[fa:وسائل الانجاب الصناعیة (کتاب)]]		[[fa:وسائل الانجاب الصناعیة (کتاب)]]
	[[Category:Bibliography Articles]]		[[Category:Bibliography Articles]]
	[[Category:Books by Mohammad Reza Sistani]]		[[Category:Books by Mohammad Reza Sistani]]
	[[Category:Books on Artificial Insemination]]		[[Category:Books on Artificial Insemination]]

← Older revision		Revision as of 20:02, 25 April 2026
Line 52:		Line 52:

	=== Claims ===		=== Claims ===
	The author is of the opinion that the child born from Assisted Reproduction is no different to the child born from natural pregnancy and Affiliated the Recipient (Gestational mother) and the owner of the sperm (p. 417). Also, among the various methods of Assisted Reproduction, only in case if the woman’s egg is fertilized with the sperm or stem cell of a ~~Unrelated individual man~~, the Assisted Reproduction is not permissible. From the author's point of view, the only reason that can be cited for the Prohibition of this scenario is the Common Religious Consciousness of Muslims, and other jurisprudential evidence do not indicate its Prohibition (p. 67). It should be mentioned that the effects of a pregnancy resulting from fornication do not apply to prohibited Assisted Reproduction, and the child resulting from that is considered a legitimate child (p. 14).		The author is of the opinion that the child born from Assisted Reproduction is no different to the child born from natural pregnancy and Affiliated the Recipient (Gestational mother) and the owner of the sperm (p. 417). Also, among the various methods of Assisted Reproduction, only in case if the woman’s egg is fertilized with the sperm or stem cell of a Third-party donor, the Assisted Reproduction is not permissible. From the author's point of view, the only reason that can be cited for the Prohibition of this scenario is the Common Religious Consciousness of Muslims, and other jurisprudential evidence do not indicate its Prohibition (p. 67). It should be mentioned that the effects of a pregnancy resulting from fornication do not apply to prohibited Assisted Reproduction, and the child resulting from that is considered a legitimate child (p. 14).


	== Assisted Reproduction methods ==		== Assisted Reproduction methods ==
	The first chapter includes the introduction and three sections. In the introduction, the author investigates legitimate and illegitimate pregnancy and writes that the rulings about an illegitimate child only apply to pregnancy resulting from Coitus between two unmarried people, with intentional sexual intercourse, and other forms of illegitimate pregnancy, such as the injection of a ~~Unrelated individual man’s~~ sperm into the womb of a married woman, are not subject to the rulings about a pregnancy resulting from fornication (p. 14). After the introduction, the author has examined the three methods of Assisted Reproduction from the perspective of jurisprudence in three sections.		The first chapter includes the introduction and three sections. In the introduction, the author investigates legitimate and illegitimate pregnancy and writes that the rulings about an illegitimate child only apply to pregnancy resulting from Coitus between two unmarried people, with intentional sexual intercourse, and other forms of illegitimate pregnancy, such as the injection of a Third-party donor’s sperm into the womb of a married woman, are not subject to the rulings about a pregnancy resulting from fornication (p. 14). After the introduction, the author has examined the three methods of Assisted Reproduction from the perspective of jurisprudence in three sections.
	=== Injection of the husband’s sperm ===		=== Injection of the husband’s sperm ===
	In this case, if the insemination is accompanied by the consent of both parties, there is no reason for its Prohibition and it is permissible. However, if one of the couples does not consent, neither of them has the right to oblige the other to undergo Assisted Reproduction. Nonetheless, if insemination is done, the resulting pregnancy is considered a legitimate pregnancy (pp. 20, 24 and 35). Also, if the husband’s semen is mixed with semen of a ~~Unrelated individual man~~ (to increase the probability of pregnancy), there jurisprudential concerns regarding the permissibility about the permissibility of the insemination. The resulting pregnancy, however, will be a legitimate pregnancy (p. 37). Also, insemination with the husband’s sperm is permissible during the Iddah of a revocable divorce or the Iddah of death (pp. 39 and 41).		In this case, if the insemination is accompanied by the consent of both parties, there is no reason for its Prohibition and it is permissible. However, if one of the couples does not consent, neither of them has the right to oblige the other to undergo Assisted Reproduction. Nonetheless, if insemination is done, the resulting pregnancy is considered a legitimate pregnancy (pp. 20, 24 and 35). Also, if the husband’s semen is mixed with semen of a Third-party donor (to increase the probability of pregnancy), there jurisprudential concerns regarding the permissibility about the permissibility of the insemination. The resulting pregnancy, however, will be a legitimate pregnancy (p. 37). Also, insemination with the husband’s sperm is permissible during the Iddah of a revocable divorce or the Iddah of death (pp. 39 and 41).
	=== Injection of a ~~Unrelated individual man’s~~ sperm ===		=== Injection of a Third-party donor’s sperm ===
	The author considers the arguments based on verses, traditions and the [[The Principle of Precaution]] for the Prohibition of Assisted Reproduction using the sperm of a ~~Unrelated individual man~~ to be incomplete and only accepts the argument based on the Common Religious Consciousness of Muslims. In the explanation of this Common Religious Consciousness, it should be noted that pregnancy with someone other than the husband (The pre-Islamic practice of Istibḍā’ (seeking a child from a man of noble lineage)’) was common before Islam, and after Islam, it was made forbidden in the Common Religious Consciousness of Muslims, and this belief arises from the Sharia. Therefore, the belief of Muslims can indicate Prohibition of pregnancy with other than the husband (p. 67). Nonetheless, at the end of the section and in the conclusion, the author did not issue a fatwa on the Prohibition of insemination with a ~~Unrelated individual man’s~~ sperm, and has sufficed with obligatory precaution (p. 91).		The author considers the arguments based on verses, traditions and the [[The Principle of Precaution]] for the Prohibition of Assisted Reproduction using the sperm of a Third-party donor to be incomplete and only accepts the argument based on the Common Religious Consciousness of Muslims. In the explanation of this Common Religious Consciousness, it should be noted that pregnancy with someone other than the husband (The pre-Islamic practice of Istibḍā’ (seeking a child from a man of noble lineage)’) was common before Islam, and after Islam, it was made forbidden in the Common Religious Consciousness of Muslims, and this belief arises from the Sharia. Therefore, the belief of Muslims can indicate Prohibition of pregnancy with other than the husband (p. 67). Nonetheless, at the end of the section and in the conclusion, the author did not issue a fatwa on the Prohibition of insemination with a Third-party donor’s sperm, and has sufficed with obligatory precaution (p. 91).
	=== Implanting the egg of the Recipient (Gestational mother) ===		=== Implanting the egg of the Recipient (Gestational mother) ===
	[[IVF]] is carried out after in vitro fertilization. Egg fertilization with sperm or stem cell of the husband is permissible only with the consent of both parties, and if one of the spouses does not consent, neither of them has the right to obligate the other. However, if it is done without consent, it is considered a legitimate pregnancy (p. 102). Also, if the sperm or stem cell Affiliated a ~~Unrelated individual man~~, it goes under the ruling of injecting a ~~Unrelated individual man’s~~ sperm as mentioned above.		[[IVF]] is carried out after in vitro fertilization. Egg fertilization with sperm or stem cell of the husband is permissible only with the consent of both parties, and if one of the spouses does not consent, neither of them has the right to obligate the other. However, if it is done without consent, it is considered a legitimate pregnancy (p. 102). Also, if the sperm or stem cell Affiliated a Third-party donor, it goes under the ruling of injecting a Third-party donor’s sperm as mentioned above.


Line 80:		Line 80:
	== Jurisprudential consequences of Assisted Reproduction ==		== Jurisprudential consequences of Assisted Reproduction ==
	=== Iddah and Maintenance (Nafaqah) for the wife ===		=== Iddah and Maintenance (Nafaqah) for the wife ===
	In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a ~~Unrelated individual man~~ was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).		In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
	=== Lineage and adoption ===		=== Lineage and adoption ===
	Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Affiliated the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).		Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Affiliated the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).