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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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===Sunni jurisprudence===
===Sunni jurisprudence===
The author of the book has explored the topic of artificial insemination using non-mahram eggs and sperm within the framework of Sunni jurisprudence, arriving at several reasons to support its permissibility. These include: 1) Verses 233 of Surah Al-Baqarah and 5 to 7 of Surah Al-Mu’minun, 2) the invalidity of citing the principle of "no harm and no harassment," and 3) the allowance of sperm entry without penetration. Additionally, he has identified several arguments against its permissibility based on Sunni legal texts, which include: 1) Verses 233 of Surah Al-Baqarah, Qurʾan 86:5–7, 187 of Surah Al-Baqarah, and 189 of Surah Al-A'raf, 2) the inherent similarity of this method to adultery, 3) the association of artificial insemination with non-mahram eggs and sperm with masturbation, exposure of private parts, and touching the genitals, 4) the principle of blocking means to harm and the priority of preventing harm over seeking benefits, 5) its contradiction with religion and human nature, and 6) the flaw of the fundamental elements of fertilization (pp. 79-86).
The author of the book has explored the topic of artificial insemination using non-mahram eggs and sperm within the framework of Sunni jurisprudence, arriving at several reasons to support its permissibility. These include: 1) Qurʾan 2:233 and 5 to 7 of Surah Al-Mu’minun, 2) the invalidity of citing the principle of "no harm and no harassment," and 3) the allowance of sperm entry without penetration. Additionally, he has identified several arguments against its permissibility based on Sunni legal texts, which include: 1) Qurʾan 2:233, Qurʾan 86:5–7, 187 of Surah Al-Baqarah, and 189 of Surah Al-A'raf, 2) the inherent similarity of this method to adultery, 3) the association of artificial insemination with non-mahram eggs and sperm with masturbation, exposure of private parts, and touching the genitals, 4) the principle of blocking means to harm and the priority of preventing harm over seeking benefits, 5) its contradiction with religion and human nature, and 6) the flaw of the fundamental elements of fertilization (pp. 79-86).
As reported in the book, Sunni scholars such as Mahmoud Shaltut, Sheikh Ibn Uthaymeen, Sheikh Abu Bakr Al-Jazairi, Sheikh Yusuf Al-Qaradawi, Sheikh Abdulaziz bin Baz, and Sheikh Mansur do not consider artificial insemination using non-mahram eggs and sperm to be permissible (pp. 92-93).
As reported in the book, Sunni scholars such as Mahmoud Shaltut, Sheikh Ibn Uthaymeen, Sheikh Abu Bakr Al-Jazairi, Sheikh Yusuf Al-Qaradawi, Sheikh Abdulaziz bin Baz, and Sheikh Mansur do not consider artificial insemination using non-mahram eggs and sperm to be permissible (pp. 92-93).


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The third method of medical pregnancy involves the use of a surrogate womb, which can take two forms: sometimes the surrogate is the second wife or concubine of the couple, and other times it is a womb from an unrelated individual. The author of the book examines artificial insemination through surrogacy in the context of both Shia and Sunni jurisprudence, similar to the previous two forms.
The third method of medical pregnancy involves the use of a surrogate womb, which can take two forms: sometimes the surrogate is the second wife or concubine of the couple, and other times it is a womb from an unrelated individual. The author of the book examines artificial insemination through surrogacy in the context of both Shia and Sunni jurisprudence, similar to the previous two forms.
===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 verse 7 of Surah Al-Mu'minun 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 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 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 Javad Tabrizi, categorically deem this practice impermissible. Conversely, others, including Imam 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).
According to the author, Shia jurists hold varying opinions regarding artificial insemination through surrogacy. Some jurists, such as Mohammad Fazel Lankarani and Javad Tabrizi, categorically deem this practice impermissible. Conversely, others, including Imam 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).   
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