A study of the Arguments and Jurisprudential Rulings on Artificial Insemination From the Perspectives of Imamiya and Sunni Jurisprudence (Book): Difference between revisions

===Sunni jurisprudence===

The author presents four reasons supporting the permissibility of artificial insemination using the eggs and sperm of a married couple, according to the perspective of Sunni scholars: 1) the allowance of '''Exposing Private Parts (‘‘Kashf al-ʿAwrah’’)''' in cases of necessity, 2) the absence of any objection due to the gametes belonging to the couple, 3) the necessity of treating infertility, and 4) fostering affection between the spouses and ensuring the continuity of their life together. These are the arguments cited by Sunni jurists in favor of this form of artificial insemination. Additionally, the author reports that opponents of artificial insemination among Sunni scholars have referenced eight reasons against it. These ...including verses from the Qurʾan such as 2:223, Surah at-Tariq (86:5-7), 2:187, and 7:189, a hadith from Sahih Bukhari that specifies the manner of intercourse and states that deviation from this manner is not permissible, <ref>Bukhari, Sahih Bukhari, Vol. 8, p. 22.</ref> the principle of "'''No Harm Rule (‘‘Lā Ḍarar’’ wa lā Ḍirār)'''" the contradiction with divine will as referenced in Qurʾan 42:50, the conflict with the principle of '''Blocking the Means (‘‘Sadd al-Dharāʾiʿ’’)''', and the association with the exposure of private parts. These are the reasons cited by Sunni scholars opposing this type of artificial insemination (pp. 72-78).

== AI Using Donor Gametes ==

The author has identified three reasons from Shia jurisprudential sources to justify the use of non-mahram eggs or sperm for artificial insemination: 1) The reference to Qurʾan 42:50, which employs the term "yajʿalu ʿaqīmā" (He renders barren) instead of "khalaqa ʿaqīmā" (He created barren) indicating the potential for change and transformation rather than a state of permanence. 2) The narration from Abu Ishaq ibn Ammar <ref> Hurr Amili, Wasail Al-Shi'a, Vol. 18, p. 468.</ref>, which suggests that placing the sperm in a location not explicitly prohibited by the narration does not apply to artificial settings. 3) The principle of permissibility and legality (pp. 44-47).

In contrast, he has compiled eight reasons from the perspective of Shia jurisprudence to argue against the permissibility of this practice: 1) Qurʾan 24:30. 2) The narration from Ali ibn Salim <ref>Hurr Amili, Wasail Al-Shi'a, Vol. 14, p. 239.</ref>, which warns of severe punishment for depositing semen in the womb of a non-mahram woman. 3) A narration attributed to the Prophet Muhammad stating that after polytheism, there is no greater sin than placing semen in an unlawful womb. 4) The narration from Muhammad ibn Ali ibn al-Husayn <ref>Hurr Amili, Wasail Al-Shi'a, Vol. 14, pp. 239 and 240.</ref>, which equates the act of depositing semen in a non-mahram woman's womb with the killing of a Prophet and Imam, as well as the destruction of the Kaaba. 5) Narrations concerning the chastity of stomach and private parts. 6) The incompatibility of artificial insemination using non-mahram sperm and eggs with the objectives of Islamic law. 7) The inconsistency of this method with ethical considerations and societal interests. 8) The potential psychological effects (pp. 47-52).

===Sunni jurisprudence===