Obligatory and Situational Rulings of Preventing Pregnancy and Sterilization in Imami Jurisprudence (book): Difference between revisions
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# Consensus: According to the author, some have claimed consensus on prohibition of withdrawal, but this claim is flawed due to the opinion of most jurists and famousness of permissibility of withdrawal. Also, some believe that the mentioned consensus is on recommendation of omitting withdrawal, not its prohibition (p. 39). | # Consensus: According to the author, some have claimed consensus on prohibition of withdrawal, but this claim is flawed due to the opinion of most jurists and famousness of permissibility of withdrawal. Also, some believe that the mentioned consensus is on recommendation of omitting withdrawal, not its prohibition (p. 39). | ||
# Narrations: According to the author, proponents of prohibition of withdrawal have relied on several narrations, including a narration with the expression al-wad al-khafi (hidden killing) that have considered withdrawal a kind of hidden killing. The author in response to this claim, refers to weakness of narration's chain and its conflict with other narrations that explicitly have expressed permissibility of withdrawal, even without wife's consent. Also, expression of undesirability in some narrations shows that narration of prohibition must be interpreted as undesirability (p. 40). | # Narrations: According to the author, proponents of prohibition of withdrawal have relied on several narrations, including a narration with the expression al-wad al-khafi (hidden killing) that have considered withdrawal a kind of hidden killing. The author in response to this claim, refers to weakness of narration's chain and its conflict with other narrations that explicitly have expressed permissibility of withdrawal, even without wife's consent. Also, expression of undesirability in some narrations shows that narration of prohibition must be interpreted as undesirability (p. 40). | ||
Also, some have objected that this narration is among Isra'iliyyat and expresses Jewish belief. Moreover, from narration of Amir al-Mu'minin (AS) in a gathering of companions in interpreting | Also, some have objected that this narration is among Isra'iliyyat and expresses Jewish belief. Moreover, from narration of Amir al-Mu'minin (AS) in a gathering of companions in interpreting [[Qur'an 81:8]], it is understood that until sperm passes the seven evolutionary stages of pregnancy and fetal period, mu'udah does not apply. Therefore, withdrawal which is before sperm settlement in womb, is not considered burying alive (p. 40). | ||
=== Prohibition of Withdrawal from the Perspective of Obligation of Diyah === | === Prohibition of Withdrawal from the Perspective of Obligation of Diyah === | ||
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=== Sterilization Is Changing Divine Creation === | === Sterilization Is Changing Divine Creation === | ||
The author says some with reliance on [[ | The author says some with reliance on [[Qurʾan 4:119]] and [[verse 30 of Surah Rum|'''Qurʾan 30:30''']], have ruled on prohibition of sterilization, because they consider sterilization as clear instances of changing divine creation and misleading and deceiving of Satan. | ||
The author in response expresses that sterilization is other than the case discussed in the verse and in jurists' words. Also, changing creations that are in the direction of Satan's false traditions is forbidden, but sterilization with rational motives and interest-seeking is excluded from this rule (pp. 58-60). | The author in response expresses that sterilization is other than the case discussed in the verse and in jurists' words. Also, changing creations that are in the direction of Satan's false traditions is forbidden, but sterilization with rational motives and interest-seeking is excluded from this rule (pp. 58-60). | ||
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=== Consent of Husband and Wife in Methods of Preventing Pregnancy === | === Consent of Husband and Wife in Methods of Preventing Pregnancy === | ||
The author refers to the aspect of right to procreation and examines whether using methods of preventing pregnancy depends on consent of wife, husband or both. With reliance on [[verse 223 of Surah Baqarah]] and narration of Amir al-Mu'minin regarding diyah of fetus, the author considers proving this right for husband (p. 68) of course if wife does not consent to this, she cannot be forced, unless the religious ruler rules on this (p. 74). | The author refers to the aspect of right to procreation and examines whether using methods of preventing pregnancy depends on consent of wife, husband or both. With reliance on [[verse 223 of Surah Baqarah|'''Qurʾan 2:223''']] and narration of Amir al-Mu'minin regarding diyah of fetus, the author considers proving this right for husband (p. 68) of course if wife does not consent to this, she cannot be forced, unless the religious ruler rules on this (p. 74). | ||
=== Ruling of Touching and Looking in Methods of Preventing Pregnancy === | === Ruling of Touching and Looking in Methods of Preventing Pregnancy === | ||