A study of the Arguments and Jurisprudential Rulings on Artificial Insemination From the Perspectives of Imamiya and Sunni Jurisprudence (Book): Difference between revisions
No edit summary |
No edit summary |
||
| Line 62: | Line 62: | ||
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 " | 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). | ||
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). | ||
===Sunni jurisprudence=== | ===Sunni jurisprudence=== | ||
The author of the book has explored the topic of artificial insemination using non-mahram eggs and sperm within the framework of Sunni jurisprudence, arriving at several reasons to support its permissibility. These include: 1) Verses 233 of Surah Al-Baqarah and 5 to 7 of Surah Al-Mu’minun, 2) the invalidity of citing the principle of "no harm and no harassment," and 3) the allowance of sperm entry without penetration. Additionally, he has identified several arguments against its permissibility based on Sunni legal texts, which include: 1) Verses 233 of Surah Al-Baqarah, 5 to 7 of Surah Al-Takwir, 187 of Surah Al-Baqarah, and 189 of Surah Al-A'raf, 2) the inherent similarity of this method to adultery, 3) the association of artificial insemination with non-mahram eggs and sperm with masturbation, exposure of private parts, and touching the genitals, 4) the principle of blocking means to harm and the priority of preventing harm over seeking benefits, 5) its contradiction with religion and human nature, and 6) the flaw of the fundamental elements of fertilization (pp. 79-86). | The author of the book has explored the topic of artificial insemination using non-mahram eggs and sperm within the framework of Sunni jurisprudence, arriving at several reasons to support its permissibility. These include: 1) Verses 233 of Surah Al-Baqarah and 5 to 7 of Surah Al-Mu’minun, 2) the invalidity of citing the principle of "no harm and no harassment," and 3) the allowance of sperm entry without penetration. Additionally, he has identified several arguments against its permissibility based on Sunni legal texts, which include: 1) Verses 233 of Surah Al-Baqarah, 5 to 7 of Surah Al-Takwir, 187 of Surah Al-Baqarah, and 189 of Surah Al-A'raf, 2) the inherent similarity of this method to adultery, 3) the association of artificial insemination with non-mahram eggs and sperm with masturbation, exposure of private parts, and touching the genitals, 4) the principle of blocking means to harm and the priority of preventing harm over seeking benefits, 5) its contradiction with religion and human nature, and 6) the flaw of the fundamental elements of fertilization (pp. 79-86). | ||