Document Type : Reasearch paper
Abstract
In light of the development of science and the modernity of medical methods concerned with treating infertility among a large segment of society, modern science was forced to discover a process called “artificial insemination” and to innovate several methods for it. From this perspective, a group of Western and Islamic countries came to enact legal articles in this regard
in order to preserve the human body and prevent weak souls from exploiting this issue for financial purposes or other matters that are not permitted by law. From this sensitive standpoint and in order to preserve the lineage of Islamic families, jurists Muslims issue fatwas regarding artificial insemination Among these jurists, we focused on the jurists of Najaf Al-Ashraf to know their opinions on this subject, to see the permissibility or impermissibility of this process, so that the community that imitates the jurists can be enlightened and adhere to these opinions in order to preserve the integrity of the family line and build a conservative Muslim society free of legal problems. From this perspective, we brought this research to clarify the definition of artificial insemination. We have studied all of this according to the descriptive-analytical approach. In this field, we must explain the legal inferences for marriage and the request for a child from the Holy Qur’an, the hadiths of the Messenger, and the narrations of the Prophet’s family , After that, we highlighted the legal issues and rulings of artificial insemination according to the jurists. This process played an important role in raising jurisprudential questions, which prompted the jurists to hold a fatwa on this matter. It became clear to us that the aforementioned jurists all agreed on the permissibility of artificial insemination in all its cases and forms if it occurs between the husband’s sperm and the wife’s egg. They also agreed on the prohibition of insemination between the sperm of a foreign man and the egg of a foreign woman because there is no marriage bond between them.
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