Jump to content

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

← Older editNewer edit →
VisualWikitext
Sarfipour (talk | contribs)
824 edits
Sarfipour (talk | contribs)
824 edits
Line 55: Line 55:
Artificial insemination utilizing the eggs and sperm of a couple represents the first category among the three types of artificial insemination applicable during marriage. The author examines the arguments for and against its permissibility from the perspectives of Shia and Sunni jurisprudence, as well as the opinions of scholars from both schools.
Artificial insemination utilizing the eggs and sperm of a couple represents the first category among the three types of artificial insemination applicable during marriage. The author examines the arguments for and against its permissibility from the perspectives of Shia and Sunni jurisprudence, as well as the opinions of scholars from both schools.
===Shia jurisprudence===
===Shia jurisprudence===
The author of the book presents five arguments in favor of the permissibility of the artificial insemination using the eggs and sperm of a couple from the Shia perspective. He notes that Shia jurists reference 1) the [[Verse 223 of Surah Al-Baqarah|Qurʾan 2:223]], 2) a prophetic narration indicating that the Prophet will boast about the size of his community on the Day of Judgment, 3) the permissibility of medical treatment, 4) the absence of prohibitive factors, and 5) the principles of rational and legal absolution to support this form of artificial insemination. Conversely, some Islamic jurists argue against this practice by emphasizing the necessity of sexual intercourse to establish lineage and the legitimacy of a child's affiliation with the couple (pp. 40-43).
The author of the book presents five arguments in favor of the permissibility of the artificial insemination using the eggs and sperm of a couple from the Shia perspective. He notes that Shia jurists reference 1) the [[Verse 223 of Surah Al-Baqarah|Qurʾan 2:223]], 2) a prophetic narration indicating that the Prophet will boast about the size of his community on the Day of Judgment, 3) the permissibility of medical treatment, 4) the absence of prohibitive factors, and 5) the '''Principle of Absolution (‘‘Aṣl al-Barāʾah’’)''' to support this form of artificial insemination. Conversely, some Islamic jurists argue against this practice by emphasizing the necessity of sexual intercourse to establish lineage and the legitimacy of a child's affiliation with the couple (pp. 40-43).
According to the author, aside from [[MohammadHadi Milani|Mohammad-Hadi Milani]] and [[Hossein Tabatabai Borujerdi|'''Seyyed Hossein Tabataba’i Borujerdi''']], who consider this situation to be problematic and worthy of contemplation among the Shiite jurists of the fourteenth century, the majority of other jurists deem this situation permissible (p. 59). In contrast, Islamic jurists such as [[Abul-Qasim Khoei|'''Abu al-Qasim al-Khoei''']], [[Imam Khomeini|'''Ayatollah Ruhollah Khomeini''']], [[Lotfollah Safi Golpaygani]], [[Seyyed Ali Sistani|'''Ali al-Sistani''']], and [[Mohammad Momen Qomi|'''Mohammad Momen''']] have stipulated that for this situation to be considered permissible, the act of insemination must be performed by the husband himself, as it does not involve prohibited actions such as looking at or touching a non-mahram (pp. 59-61). Regarding the lineage of the child, the author only references Imam Khomeini's opinion, who asserts that if the inseminator is not the husband, although the individuals have committed a sin, the child remains theirs (p. 60).
According to the author, aside from [[MohammadHadi Milani|Mohammad-Hadi Milani]] and [[Hossein Tabatabai Borujerdi|'''Seyyed Hossein Tabataba’i Borujerdi''']], who consider this situation to be problematic and worthy of contemplation among the Shiite jurists of the fourteenth century, the majority of other jurists deem this situation permissible (p. 59). In contrast, Islamic jurists such as [[Abul-Qasim Khoei|'''Abu al-Qasim al-Khoei''']], [[Imam Khomeini|'''Ayatollah Ruhollah Khomeini''']], [[Lotfollah Safi Golpaygani]], [[Seyyed Ali Sistani|'''Ali al-Sistani''']], and [[Mohammad Momen Qomi|'''Mohammad Momen''']] have stipulated that for this situation to be considered permissible, the act of insemination must be performed by the husband himself, as it does not involve prohibited actions such as looking at or touching a non-mahram (pp. 59-61). Regarding the lineage of the child, the author only references Imam Khomeini's opinion, who asserts that if the inseminator is not the husband, although the individuals have committed a sin, the child remains theirs (p. 60).
===Sunni jurisprudence===
===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 uncovering private parts 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).
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 uncovering private parts 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).
Line 75: Line 76:
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 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).
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 '''Ayatollah Ruhollah 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 '''Mirza Javad Tabrizi''', categorically deem this practice impermissible. Conversely, others, including '''Ayatollah Ruhollah 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).


Retrieved from "https://ency.feqhemoaser.com/en/view/A_study_of_the_Arguments_and_Jurisprudential_Rulings_on_Artificial_Insemination_From_the_Perspectives_of_Imamiya_and_Sunni_Jurisprudence_(Book)"