نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Artificial fertilization is one of the modern achievements of medicine. This issue has raised fundamental questions in jurisprudence. Given the ever-increasing expansion of assisted reproductive methods and the recourse of infertile couples to medical centers, a precise elucidation of the jurisprudential foundations of this issue contributes to the enrichment of jurisprudential literature in the domain of newly arisen issues (masāʾil mustaḥdathah). This study has been organized with the aim of comparatively analyzing the jurisprudential foundations of artificial fertilization from the perspective of the two major Islamic schools (Ahl al-Sunnah and Imāmiyyah). The present research is of the fundamental-theoretical type and has been conducted using a descriptive-analytical method and a comparative approach. The findings of the study indicated that in fertilization with donor sperm, there is a consensus of the two schools on its prohibition. However, in fertilization with the husband’s sperm, a profound disagreement exists. The opponents in both schools have relied on principles such as preservation of the order of creation, prevention of corruptions, prohibition of masturbation and exposure of the private parts, the principle of precaution (aṣālat al-iḥtiyāṭ), and the unrestricted import of the verses enjoining the guarding of the private parts. In contrast, the proponents, adducing principles such as consolidation of the family foundation, the emotional need for a child, preservation of progeny as a necessary objective of the Sharīʿah, the legitimacy of treatment, the principle of innocence/permissibility (aṣālat al-barāʾah), necessity (iḍṭirār), and the rule of the negation of hardship and constriction (qāʿidat nafy al-ʿusr wa al-ḥaraj), have ruled in favor of the permissibility of this method. The view holding the permissibility of artificial fertilization with the husband’s sperm—provided that sharʿī regulations are observed—is preferable.
کلیدواژهها English