Methods of Artificial Reproduction (book): Difference between revisions
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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 | The author is of the opinion that the child born from Artificial Procreation is no different to the child born from natural pregnancy and Affiliated 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 Unrelated individual man, the Artificial Procreation is not permissible. From the author's point of view, the only reason that can be cited for the Prohibition of this scenario is the Common Religious Consciousness of Muslims, and other jurisprudential evidence do not indicate its Prohibition (p. 67). It should be mentioned that the effects of a pregnancy resulting from fornication do not apply to prohibited Artificial Procreation, and the child resulting from that is considered a legitimate child (p. 14). | ||
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The author considers the arguments based on verses, traditions and the originality of precaution for the Prohibition of Artificial Procreation using the sperm of a Unrelated individual 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 Prohibition 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 Prohibition of insemination with a Unrelated individual man’s sperm, and has sufficed with obligatory precaution (p. 91). | The author considers the arguments based on verses, traditions and the originality of precaution for the Prohibition of Artificial Procreation using the sperm of a Unrelated individual 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 Prohibition 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 Prohibition of insemination with a Unrelated individual 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 | 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 Affiliated a Unrelated individual man, it goes under the ruling of injecting a Unrelated individual man’s sperm as mentioned above. | ||
== Implanting another woman’s egg == | == Implanting another woman’s egg == | ||
In this assumption, if the consent of the owner of the egg, the owner of the uterus and her husband is obtained, implantation of the egg is permissible. Also, consent of the egg owner's spouse is not necessary unless we assume that the lineage of the child | In this assumption, if the consent of the owner of the egg, the owner of the uterus and her husband is obtained, implantation of the egg is permissible. Also, consent of the egg owner's spouse is not necessary unless we assume that the lineage of the child Affiliated the egg owner or that the egg donation is against his rights, in which case his consent is also required (p. 114). | ||
=== Genital organ implants === | === Genital organ implants === | ||
According to the author, implantation of sex organs does not cause problems for subsequent pregnancies from the jurisprudential point of view, and if pregnancy occurs after the implantation of genital organs, it is considered a legitimate pregnancy. This ruling is not specific to men or women and includes the implantation of genitals in the body of both (p. 133). | According to the author, implantation of sex organs does not cause problems for subsequent pregnancies from the jurisprudential point of view, and if pregnancy occurs after the implantation of genital organs, it is considered a legitimate pregnancy. This ruling is not specific to men or women and includes the implantation of genitals in the body of both (p. 133). | ||
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In the third chapter, the effects of Artificial Procreation are discussed. In general, if divorce or death occurs during the various methods of Artificial Procreation, the Iddah is fixed for the woman, and this ruling does not apply to a penetrated woman alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Artificial Procreation is obligatory upon the husband, unless the sperm of a Unrelated individual man was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411). | In the third chapter, the effects of Artificial Procreation are discussed. In general, if divorce or death occurs during the various methods of Artificial Procreation, the Iddah is fixed for the woman, and this ruling does not apply to a penetrated woman alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Artificial Procreation is obligatory upon the husband, unless the sperm of a Unrelated individual man was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411). | ||
=== Lineage and adoption === | === Lineage and adoption === | ||
Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Artificial Procreation does not belong to the owner of the sperm, but only | Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Artificial Procreation does not belong to the owner of the sperm, but only Affiliated the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Artificial Procreation takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466). | ||
=== Inheritance and rules of fostering === | === Inheritance and rules of fostering === | ||
In pregnancies resulting from various methods of Artificial Procreation, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Artificial Procreation is done after the death of the mother or father, the child resulting from Artificial Procreation will not inherit from them (pp. 468 and 472). Also, comparing fostering to Artificial Procreation is not correct, and if we consider the owner of the egg as the child’s mother, the owner of the womb has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the owner of the womb and the child born by Artificial Procreation (p. 481). | In pregnancies resulting from various methods of Artificial Procreation, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Artificial Procreation is done after the death of the mother or father, the child resulting from Artificial Procreation will not inherit from them (pp. 468 and 472). Also, comparing fostering to Artificial Procreation is not correct, and if we consider the owner of the egg as the child’s mother, the owner of the womb has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the owner of the womb and the child born by Artificial Procreation (p. 481). | ||