A study of the Arguments and Jurisprudential Rulings on Artificial Insemination From the Perspectives of Imamiya and Sunni Jurisprudence (Book): Difference between revisions
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* [[Abu al-Qasim al-Khoei]] – must be performed by the husband himself | * [[Abu al-Qasim al-Khoei]] – must be performed by the husband himself | ||
* [[Ruhollah Khomeini]] – same condition applies | * [[Sayyid Ruhollah Musavi Khomeini]] – same condition applies | ||
* [[Lotfollah Safi Golpaygani]] – same condition | * [[Lotfollah Safi Golpaygani]] – same condition | ||
* [[Ali al-Sistani]] – same condition | * [[Ali al-Sistani]] – same condition | ||
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===Shia jurisprudence=== | ===Shia jurisprudence=== | ||
The author of the book presents two reasons for permitting the use of a second wife's or a concubine's womb for artificial insemination from the perspective of Shia jurisprudence: 1) the narration of Ali ibn Salim <ref>Hurr Amili, Wasail Al-Shi'a, Vol. 14, p. 239.</ref>, and 2) the application of the principle of absolution. Additionally, the author references Qurʾan 23:7 to argue against this practice. For artificial insemination using a surrogate womb, the author cites one justification for its permissibility, which is the principle of permissibility and rational and religious absolution. Conversely, five arguments are provided against its permissibility: 1) the narration of Abu Ishaq ibn Ammar <ref>Hurr Amili, Wasail Al-Shi'a, Vol. 18, p. 468.</ref>, 2) the narration of Ali ibn Salim, 3) the '''Precaution (‘‘Iḥtiyāṭ’’)''' of preserving private parts, 4) the incomplete nature of maternal elements and the mixing of lineage, and 5) the inhuman and degrading nature of this act (pp. 52-58). | The author of the book presents two reasons for permitting the use of a second wife's or a concubine's womb for artificial insemination from the perspective of Shia jurisprudence: 1) the narration of Ali ibn Salim <ref>Hurr Amili, Wasail Al-Shi'a, Vol. 14, p. 239.</ref>, and 2) the application of the principle of absolution. Additionally, the author references Qurʾan 23:7 to argue against this practice. For artificial insemination using a surrogate womb, the author cites one justification for its permissibility, which is the principle of permissibility and rational and religious absolution. Conversely, five arguments are provided against its permissibility: 1) the narration of Abu Ishaq ibn Ammar <ref>Hurr Amili, Wasail Al-Shi'a, Vol. 18, p. 468.</ref>, 2) the narration of Ali ibn Salim, 3) the '''Precaution (‘‘Iḥtiyāṭ’’)''' of preserving private parts, 4) the incomplete nature of maternal elements and the mixing of lineage, and 5) the inhuman and degrading nature of this act (pp. 52-58). | ||
According to the author, Shia jurists hold varying opinions regarding artificial insemination through surrogacy. Some jurists, such as '''Mohammad Fazel Lankarani''' and '''Mirza Javad Tabrizi''', categorically deem this practice impermissible. Conversely, others, including ''' | According to the author, Shia jurists hold varying opinions regarding artificial insemination through surrogacy. Some jurists, such as '''Mohammad Fazel Lankarani''' and '''Mirza Javad Tabrizi''', categorically deem this practice impermissible. Conversely, others, including '''[[Sayyid Ruhollah Musavi Khomeini]]''' and [[Naser Makarem Shirazi]], permit the use of a surrogate womb for artificial insemination only if the embryo is transferred to a second wife or a concubine. In this context, Mohammad Mo'men Qomi considers both scenarios permissible (pp. 65-67). | ||
===Sunni jurisprudence=== | ===Sunni jurisprudence=== | ||
As reported by the author, Sunni jurisprudence offers two reasons for permitting the use of a second wife’s or a concubine’s womb for artificial insemination: 1) the comparison to a wet nurse, and 2) the importance of sustaining the family structure. In contrast, there are two arguments against this practice: 1) the potential for confusion in lineage and legal judgments, and 2) the prohibition of same-sex relations. The author claims that there is no justification in Sunni jurisprudence for artificial insemination using a surrogate womb, while two arguments for its prohibition are presented: 1) the absence of a marital bond between the husband and the womb provider, and 2) the prohibition against exposing one’s private parts (pp. 86-89). | As reported by the author, Sunni jurisprudence offers two reasons for permitting the use of a second wife’s or a concubine’s womb for artificial insemination: 1) the comparison to a wet nurse, and 2) the importance of sustaining the family structure. In contrast, there are two arguments against this practice: 1) the potential for confusion in lineage and legal judgments, and 2) the prohibition of same-sex relations. The author claims that there is no justification in Sunni jurisprudence for artificial insemination using a surrogate womb, while two arguments for its prohibition are presented: 1) the absence of a marital bond between the husband and the womb provider, and 2) the prohibition against exposing one’s private parts (pp. 86-89). | ||
== | ==references== | ||
{{references}} | |||
# Bukhari, Muhammad ibn Ismail, Sahih Bukhari, Beirut, Dar Taq al-Najat, 2001. | # Bukhari, Muhammad ibn Ismail, Sahih Bukhari, Beirut, Dar Taq al-Najat, 2001. | ||
# Ihsaei, Ibn Abi Jumhur, Awālī al-la'āli' al-'azīzīyah fī al-aḥādīth al-dīnīyah, Qom, Sayyid al-Shuhada, 1982. | # Ihsaei, Ibn Abi Jumhur, Awālī al-la'āli' al-'azīzīyah fī al-aḥādīth al-dīnīyah, Qom, Sayyid al-Shuhada, 1982. | ||
# Hurr Amili, Muhammad ibn Hasan, Wasail al-Shi'a, Beirut, Dar Ihya al-Turath al-Arabi, n.d. | # Hurr Amili, Muhammad ibn Hasan, Wasail al-Shi'a, Beirut, Dar Ihya al-Turath al-Arabi, n.d. | ||
==footnotes== | ==footnotes== | ||
{{footnotes}} | |||
[[fa:بررسی ادله و احکام فقهی تلقیح مصنوعی از منظر امامیه و اهل سنت (کتاب)]] | [[fa:بررسی ادله و احکام فقهی تلقیح مصنوعی از منظر امامیه و اهل سنت (کتاب)]] | ||
[[ | [[Category:Bibliography Articles]] | ||
[[category: books by Farzaneh | [[category: books by Farzaneh Dadashali]] | ||