Methods of Artificial Reproduction (book): Difference between revisions
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The first chapter includes the introduction and three sections. In the introduction, the author investigates legitimate and illegitimate pregnancy and writes that the rulings about an illegitimate child only apply to pregnancy resulting from Coitus between two unmarried people, with intentional sexual intercourse, and other forms of illegitimate pregnancy, such as the injection of a Unrelated individual man’s sperm into the womb of a married woman, are not subject to the rulings about a pregnancy resulting from fornication (p. 14). After the introduction, the author has examined the three methods of Artificial Procreation from the perspective of jurisprudence in three sections. | The first chapter includes the introduction and three sections. In the introduction, the author investigates legitimate and illegitimate pregnancy and writes that the rulings about an illegitimate child only apply to pregnancy resulting from Coitus between two unmarried people, with intentional sexual intercourse, and other forms of illegitimate pregnancy, such as the injection of a Unrelated individual man’s sperm into the womb of a married woman, are not subject to the rulings about a pregnancy resulting from fornication (p. 14). After the introduction, the author has examined the three methods of Artificial Procreation from the perspective of jurisprudence in three sections. | ||
=== Injection of the husband’s sperm === | === Injection of the husband’s sperm === | ||
In this case, if the insemination is accompanied by the consent of both parties, there is no reason for its Prohibition 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 Unrelated individual man (to increase the probability of pregnancy), there | In this case, if the insemination is accompanied by the consent of both parties, there is no reason for its Prohibition 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 Unrelated individual man (to increase the probability of pregnancy), there jurisprudential concerns regarding the permissibility 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 Unrelated individual man’s sperm === | === Injection of a Unrelated individual man’s sperm === | ||
The author considers the arguments based on verses, traditions and the [[The Principle 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 (The pre-Islamic practice of Istibḍā’ (seeking a child from a man of noble lineage)’) 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 [[The Principle 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 (The pre-Islamic practice of Istibḍā’ (seeking a child from a man of noble lineage)’) 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). | ||