Methods of Artificial Reproduction (book): Difference between revisions
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'''Methods of Artificial Procreation''' (in Arabic: [[:fa:وسائل_الانجاب_الصناعیة_(کتاب)|وسائل الانجاب الصناعیة]]) is a book written by [[MohammadReza Sistani]] that jurisprudentially examines methods of Artificial Procreation and the jurisprudential effects and rulings related to it. In this book, the author has tried to resolve the jurisprudential challenges facing Artificial Procreation and to answer the questions raised regarding the permissibility of Artificial Procreation or its consequences through analytical reasoning (ijtihad). After examining the reasons presented to prove the forbiddance of Artificial Procreation, he writes that among the various methods of Artificial Procreation, it is only forbidden to inseminate the egg with the sperm or stem cell of a stranger (non-mahram) man. To prove this forbiddance, he argues based on the | '''Methods of Artificial Procreation''' (in Arabic: [[:fa:وسائل_الانجاب_الصناعیة_(کتاب)|وسائل الانجاب الصناعیة]]) is a book written by [[MohammadReza Sistani]] that jurisprudentially examines methods of Artificial Procreation and the jurisprudential effects and rulings related to it. In this book, the author has tried to resolve the jurisprudential challenges facing Artificial Procreation and to answer the questions raised regarding the permissibility of Artificial Procreation or its consequences through analytical reasoning (ijtihad). After examining the reasons presented to prove the forbiddance of Artificial Procreation, he writes that among the various methods of Artificial Procreation, it is only forbidden to inseminate the egg with the sperm or stem cell of a stranger (non-mahram) man. To prove this forbiddance, he argues based on the [[Common Religious Consciousness]] of Muslims (what promptly appears as true to Muslims based on their background of religious knowledge) . Also, this ruling is only a defining law and the child resulting from Artificial Procreation is always a legitimate child. MohammadReza Sistani is the son of Ayatollah Sayyid Ali Sīstānī, and one of the prominent professors of principles of jurisprudence at the Najaf seminary. This book is one of the pioneering and important works on jurisprudential examination of Artificial Procreation, which was published in 2007 by Dār al-Muvarrikh al-Arabi publishing house in Beirut. | ||
== Brief introduction of the book == | == Brief introduction of the book == | ||
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=== Claims === | === Claims === | ||
The author is of the opinion that the child born from Artificial Procreation is no different to the child born from natural pregnancy and belongs to the owner of the uterus and the owner of the sperm (p. 417). Also, among the various methods of Artificial Procreation, only in case if the woman’s egg is fertilized with the sperm or stem cell of a non-mahram man, the Artificial Procreation is not permissible. From the author's point of view, the only reason that can be cited for the forbiddance of this presumption is the | The author is of the opinion that the child born from Artificial Procreation is no different to the child born from natural pregnancy and belongs to the owner of the uterus and the owner of the sperm (p. 417). Also, among the various methods of Artificial Procreation, only in case if the woman’s egg is fertilized with the sperm or stem cell of a non-mahram man, the Artificial Procreation is not permissible. From the author's point of view, the only reason that can be cited for the forbiddance of this presumption is the Common Religious Consciousness of Muslims, and other jurisprudential evidence do not indicate its forbiddance (p. 67). It should be mentioned that the effects of a pregnancy resulting from fornication do not apply to illegal Artificial Procreation, and the child resulting from that is considered a legitimate child (p. 14). | ||
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In this case, if the insemination is accompanied by the consent of both parties, there is no reason for its forbiddance and it is permissible. However, if one of the couples does not consent, neither of them has the right to oblige the other to undergo Artificial Procreation. Nonetheless, if insemination is done, the resulting pregnancy is considered a legitimate pregnancy (pp. 20, 24 and 35). Also, if the husband’s semen is mixed with semen of a non-mahram man (to increase the probability of pregnancy), there will be problems about the permissibility of the insemination. The resulting pregnancy, however, will be a legitimate pregnancy (p. 37). Also, insemination with the husband’s sperm is permissible during the Iddah of a revocable divorce or the Iddah of death (pp. 39 and 41). | In this case, if the insemination is accompanied by the consent of both parties, there is no reason for its forbiddance and it is permissible. However, if one of the couples does not consent, neither of them has the right to oblige the other to undergo Artificial Procreation. Nonetheless, if insemination is done, the resulting pregnancy is considered a legitimate pregnancy (pp. 20, 24 and 35). Also, if the husband’s semen is mixed with semen of a non-mahram man (to increase the probability of pregnancy), there will be problems about the permissibility of the insemination. The resulting pregnancy, however, will be a legitimate pregnancy (p. 37). Also, insemination with the husband’s sperm is permissible during the Iddah of a revocable divorce or the Iddah of death (pp. 39 and 41). | ||
=== Injection of a non-mahram man’s sperm === | === Injection of a non-mahram man’s sperm === | ||
The author considers the arguments based on verses, traditions and the originality of precaution for the forbiddance of Artificial Procreation using the sperm of a non-mahram man to be incomplete and only accepts the argument based on the | The author considers the arguments based on verses, traditions and the originality of precaution for the forbiddance of Artificial Procreation using the sperm of a non-mahram man to be incomplete and only accepts the argument based on the Common Religious Consciousness of Muslims. In the explanation of this Common Religious Consciousness, it should be noted that pregnancy with someone other than the husband (Istibḍā’) was common before Islam, and after Islam, it was made forbidden in the Common Religious Consciousness of Muslims, and this belief arises from the Sharia. Therefore, the belief of Muslims can indicate forbiddance of pregnancy with other than the husband (p. 67). Nonetheless, at the end of the section and in the conclusion, the author did not issue a fatwa on the forbiddance of insemination with a non-mahram man’s sperm, and has sufficed with obligatory precaution (p. 91). | ||
=== Implanting the egg of the owner of the uterus === | === Implanting the egg of the owner of the uterus === | ||
Egg implantation is carried out after in vitro fertilization. Egg fertilization with sperm or stem cell of the husband is permissible only with the consent of both parties, and if one of the spouses does not consent, neither of them has the right to obligate the other. However, if it is done without consent, it is considered a legitimate pregnancy (p. 102). Also, if the sperm or stem cell belongs to a non-mahram man, it goes under the ruling of injecting a non-mahram man’s sperm as mentioned above. | Egg implantation is carried out after in vitro fertilization. Egg fertilization with sperm or stem cell of the husband is permissible only with the consent of both parties, and if one of the spouses does not consent, neither of them has the right to obligate the other. However, if it is done without consent, it is considered a legitimate pregnancy (p. 102). Also, if the sperm or stem cell belongs to a non-mahram man, it goes under the ruling of injecting a non-mahram man’s sperm as mentioned above. | ||