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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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). | 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). | 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). | ||
According to the author, some Islamic jurists such as [[Mohammad Fazel Lankarani]] and [[Seyyed Ali Khamenei]] consider the use of a non-mahram woman's egg in artificial insemination permissible, and they regard the resulting child as belonging to the genetic parents. However, there is a divergence of opinion among scholars regarding the use of a non-mahram man's sperm for artificial insemination; scholars like [[Mohammad Taqi Bahjat]] and Seyyed Ali Khamenei deem it acceptable, while others, including [[Imam Khomeini|'''Ayatollah Ruhollah Khomeini''']], [[Lotfollah Safi Golpaygani]], [[Hossein Nuri Hamadani]], [[Naser Makarem Shirazi]], [[Javad Tabrizi]], Mohammad Fazel Lankarani, [[Hossein Tabatabai Borujerdi|'''Seyyed Hossein Tabataba’i Borujerdi''']], and [[Mohammad Hadi Milani]], classify it as forbidden (pp. 62-65). | According to the author, some Islamic jurists such as [[Mohammad Fazel Lankarani|'''Mohammad Fazel Lankarani''']] and [[Seyyed Ali Khamenei]] consider the use of a non-mahram woman's egg in artificial insemination permissible, and they regard the resulting child as belonging to the genetic parents. However, there is a divergence of opinion among scholars regarding the use of a non-mahram man's sperm for artificial insemination; scholars like [[Mohammad Taqi Bahjat]] and Seyyed Ali Khamenei deem it acceptable, while others, including [[Imam Khomeini|'''Ayatollah Ruhollah Khomeini''']], [[Lotfollah Safi Golpaygani]], [[Hossein Nuri Hamadani]], [[Naser Makarem Shirazi]], [[Javad Tabrizi]], '''Mohammad Fazel Lankarani''', [[Hossein Tabatabai Borujerdi|'''Seyyed Hossein Tabataba’i Borujerdi''']], and [[Mohammad Hadi Milani]], classify it as forbidden (pp. 62-65). | ||
===Sunni jurisprudence=== | ===Sunni jurisprudence=== | ||
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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 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 '''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 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). | ||
===Sunni jurisprudence=== | ===Sunni jurisprudence=== | ||