Encyclopedia of Contemporary Jurisprudence

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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According to the author, aside from [[MohammadHadi Milani|Mohammad-Hadi Milani]] and [[Hossein Tabatabai 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]], [[Imam Khomeini]], [[Lotfollah Safi Golpaygani]], [[Seyyed Ali Sistani]], and [[Mohammad Momen Qomi]] 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]], 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]], [[Imam Khomeini]], [[Lotfollah Safi Golpaygani]], [[Seyyed Ali Sistani]], and [[Mohammad Momen Qomi]] 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 include verses from the Quran such as 2:223, Qurʾan 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 and no harassment," the contradiction with divine will as referenced in verse 50 of Surah Al-Shura, the conflict with the principle of blocking means, 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 and no harassment," the contradiction with divine will as referenced in verse 50 of Surah Al-Shura, the conflict with the principle of blocking means, 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).
According to the author, Islamic jurists such as [[Mahmud Shaltut]], Ahmed Mohamed Ahmed Al-Tayyib, Sheikh Mansur, Sheikh Mustafa Zarqa, and several other Sunni jurists consider artificial insemination using the eggs and sperm of a married couple to be permissible. In contrast, some jurists, including Sheikh Rajab Bayoudh Al-Tamimi, Sheikh Muhammad Sharif Ahmed, Sheikh Abdulaziz bin Abdullah bin Baz, and Sheikh Abu Bakr Abu Zaid, deem it to be prohibited (pp. 90-92).
According to the author, Islamic jurists such as [[Mahmud Shaltut]], Ahmed Mohamed Ahmed Al-Tayyib, Sheikh Mansur, Sheikh Mustafa Zarqa, and several other Sunni jurists consider artificial insemination using the eggs and sperm of a married couple to be permissible. In contrast, some jurists, including Sheikh Rajab Bayoudh Al-Tamimi, Sheikh Muhammad Sharif Ahmed, Sheikh Abdulaziz bin Abdullah bin Baz, and Sheikh Abu Bakr Abu Zaid, deem it to be prohibited (pp. 90-92).


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