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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===Shia jurisprudence=== | ===Shia jurisprudence=== | ||
The author of the book presents five arguments in favor of the permissibility of the artificial insemination using the eggs and sperm of a couple from the Shia perspective. He notes that Shia jurists reference 1) the [[Verse 223 of Surah Al-Baqarah|Qurʾan 2:223]], 2) a prophetic narration indicating that the Prophet will boast about the size of his community on the Day of Judgment, 3) the permissibility of medical treatment, 4) the absence of prohibitive factors, and 5) the '''Principle of Absolution (‘‘Aṣl al-Barāʾah’’)''' to support this form of artificial insemination. Conversely, some Islamic jurists argue against this practice by emphasizing the necessity of sexual intercourse to establish lineage and the legitimacy of a child's affiliation with the couple (pp. 40-43). | The author of the book presents five arguments in favor of the permissibility of the artificial insemination using the eggs and sperm of a couple from the Shia perspective. He notes that Shia jurists reference 1) the [[Verse 223 of Surah Al-Baqarah|Qurʾan 2:223]], 2) a prophetic narration indicating that the Prophet will boast about the size of his community on the Day of Judgment, 3) the permissibility of medical treatment, 4) the absence of prohibitive factors, and 5) the '''Principle of Absolution (‘‘Aṣl al-Barāʾah’’)''' to support this form of artificial insemination. Conversely, some Islamic jurists argue against this practice by emphasizing the necessity of sexual intercourse to establish lineage and the legitimacy of a child's affiliation with the couple (pp. 40-43). | ||
According to the author, aside from [[MohammadHadi Milani|Mohammad-Hadi Milani]] and [[Hossein Tabatabai Borujerdi|'''Seyyed Hossein Tabataba’i 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). | According to the author, aside from [[MohammadHadi Milani|Mohammad-Hadi Milani]] and [[Hossein Tabatabai Borujerdi|'''Seyyed Hossein Tabataba’i 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). However, several jurists permit it conditionally: | ||
* [[Abu al-Qasim al-Khoei]] – must be performed by the husband himself | |||
* [[Ruhollah Khomeini]] – same condition applies | |||
* [[Lotfollah Safi Golpaygani]] – same condition | |||
* [[Ali al-Sistani]] – same condition | |||
* [[Mohammad Momen]] – same condition | |||
, 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=== | ||