Jump to content

A study of the Arguments and Jurisprudential Rulings on Artificial Insemination From the Perspectives of Imamiya and Sunni Jurisprudence (Book): Difference between revisions

← Older editNewer edit →
VisualWikitext
Sarfipour (talk | contribs)
824 edits
No edit summary
Sarfipour (talk | contribs)
824 edits
No edit summary
Line 58: Line 58:
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 ...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).
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 Qurʾan 42:50, 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).


Line 64: Line 64:
Another form of artificial insemination involves the use of the egg or sperm from a woman and a man who do not share a marital bond. The author indicates that the sensitivity in this instance is particularly significant when the sperm from a non-related male is inserted into the wife’s womb, and the majority of the arguments are directed towards this particular case (p. 44).
Another form of artificial insemination involves the use of the egg or sperm from a woman and a man who do not share a marital bond. The author indicates that the sensitivity in this instance is particularly significant when the sperm from a non-related male is inserted into the wife’s womb, and the majority of the arguments are directed towards this particular case (p. 44).
===Shia jurisprudence===
===Shia jurisprudence===
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 verse 50 of Surah Al-Shura, 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) Verse 30 of Surah al-Nur. 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) Verse 30 of Surah al-Nur. 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]], [[Lotfollah Safi Golpaygani]], [[Hossein Nuri Hamadani]], [[Naser Makarem Shirazi]], [[Javad Tabrizi]], Mohammad Fazel Lankarani, [[Hossein Tabatabai Borujerdi]], and [[Mohammad Hadi Milani]], classify it as forbidden (pp. 62-65).
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]], [[Lotfollah Safi Golpaygani]], [[Hossein Nuri Hamadani]], [[Naser Makarem Shirazi]], [[Javad Tabrizi]], Mohammad Fazel Lankarani, [[Hossein Tabatabai Borujerdi]], and [[Mohammad Hadi Milani]], classify it as forbidden (pp. 62-65).
Retrieved from "https://ency.feqhemoaser.com/en/view/A_study_of_the_Arguments_and_Jurisprudential_Rulings_on_Artificial_Insemination_From_the_Perspectives_of_Imamiya_and_Sunni_Jurisprudence_(Book)"