Description and explanation of the subject of modern reproductive methods from the perspective of Imami jurisprudence

Abstract

The progress of medical knowledge has made it almost possible to say that there is no such thing as infertility or it is very rare and abandoned. Modern methods of artificial insemination have solved this problem of families thanks to human knowledge and there are few people who have been deprived of having a child. Artificial insemination is one of the fruits of medical knowledge and it is considered as a treatment method for infertility of husband and wife, but due to the fact that this practice creates rights and duties towards the owners of the children due to it, it has sometimes been affected by the confusion and conflict of jurisprudential and legal opinions on the issue of parentage and its legal effects. In general, five types of reproductive methods can be imagined. The first division of the sperm and ovum or the fetus that belongs to the husband and wife and after fertilization outside, is injected into the wife's uterus. In this case, there is no difference between the jurists, and they all believe in the legality and permissibility of the mentioned act, and the second clause is that the sperm belongs to the stranger, and the egg and uterus belong to the wife, most of the jurists and jurists have ruled that it is sacred, except for a few, in the third clause, the sperm belongs to the husband and is placed in the wife's uterus along with the foreign woman's ovum, and insemination takes place, if the uterus belongs to the husband's wife. It is without problems, and otherwise it is a problem, this is the prevailing opinion of the jurists, although with different interpretations. The fourth clause is that the sperm belongs to the couple and the uterus belongs to another person. According to jurists and jurists, this practice is permissible if the uterus belongs to the couple's incest, such as his second wife, who has no problem having intercourse with her, but whether the lineage belongs to the owner of the uterus or the owner of the egg or both, there are differences in the sayings. But the second case is that the uterus belongs to an alien and unmarried woman of the couple, in this regard, some agree and some oppose the said procedure, and the fifth case is embryo donation. In this method, the sick couple use the embryo from the sperm and egg of another man and woman who are married to each other, in a laboratory environment, and the donated embryo is transferred to the wife's uterus. The Islamic Republic of Iran, by drafting the law on how to donate embryos to legal infertile couples, approved in five articles (approved on 29/4/1382) which explicitly prescribes only one of the available methods and in article one of this law it is stated: According to this law, all competent specialized infertility treatment centers will be allowed to transfer embryos resulting from extrauterine insemination of legal and Sharia couples, in compliance with Sharia standards and the conditions contained in this law. The written consent of the couple who owns the fetus to the uterus of women whose infertility has been proven (each one alone or both) after marriage and medical procedures are performed. But what is the basis of the legitimacy of the act and what is the truth of the titles of halit and sanctity about this act and what are the financial and non-financial effects of such methods of reproduction is the main focus of the present research. Key words: modern methods of reproduction, Imami jurisprudence, Iranian law, financial and non-financial works and rulings. Other creatures have almost the same situation, they are interested in the opposite sex, this has been proposed and encouraged in Islam in the form of marriage.

Man and woman feel relaxed as a result of marriage together, which is one of the best blessings of God Almighty for mankind. , has strengthened the bonds between men and women, and the lack of it makes the family tremble and threaten.

Some members of the society, both men and women, are suffering from diseases or problems that deprive them of the possibility of reproduction, this is one of the main reasons for the occurrence of divorce among human societies, therefore, knowing the problems on the way to the category of birth will actually help to strengthen family relationships and root the bond between men and women.

In our country, where the general public is trying to adapt their behavior to the Islamic Sharia, solving this problem within the framework of the Islamic religion and in accordance with the fatwas of the Islamic scholars, becomes very important, and because the issue of marriage is a matter that can be sanctified and honored by families, the problem has been thought out and solved by the free-thinking Islamic jurists.

In our country, where the general public is trying to adapt their behavior to the Islamic Sharia, solving this problem within the framework of the Islamic religion and in accordance with the fatwas of the Islamic scholars, becomes very important, and because the issue of marriage is a matter that can be sanctified and honored by families, the problem has been solved by the free-thinking jurists of Islam.

"In Islam, through His Prophet, God sent laws that man is amazed by their greatness, He has brought laws and customs for all affairs.

He has established laws for man before his sperm is formed until after he goes to the grave.

Just as he has laws for religious duties, he has laws and customs for social and governmental affairs, the laws of Islam are a progressive, complete and comprehensive law." [1]

Now, one of the important questions that is always raised for today's generation, especially the intellectuals and young people, is "evolution and transformation of rulings".

In this sense, on the one hand, as the school of Islam as the final religion, its rulings and laws have an eternal and eternal aspect, that is, as it was at the beginning, it must remain the same until the end, so it is religious, fixed and unchanging, and on the other hand, when "time" requires It transforms and innovates and every day creates new situations and conditions contrary to the past, so how is it possible that the religion of Islam and divine laws and decrees, which in their nature are fixed and unchanging, can have agreement, harmony and companionship with "time" which is inherently changing and evolving and moving? New issues in every period cause the world to wonder.

The occurrence of new issues is not a feature of our age, but since the beginning of the rise of Islam, there have been new issues and Islamic jurisprudence has also fulfilled the task of responding to the needs of the time.

Chapter One: General Research

1-1- Statement of the problem

The progress of medical science caused some of the topics to mix with jurisprudence debates, knowledgeable and alert Shia jurists sometimes raised and analyzed jurisprudence debates ahead of scientific progress, many issues that may have attracted the attention of scientists in the last few years, jurists welcomed it decades ago They have gone and talked about its rulings, and artificial insemination is one of the same issues that they have addressed. The scientists of modern sciences did laboratory research about its species and the jurists were engaged in digging about its rulings. In this research, the assumption of the problem is that if the egg is transferred to the owner of the egg and begins to grow there, what are the issues, such as religious, legal, genetic, financial, etc. brings with it Having a child strengthens the bond between a man and a woman, and not having a child makes it tremble and threaten. Some people in the society, both men and women, suffer from diseases or problems that deprive them of the possibility of reproduction, this is one of the main reasons for the occurrence of divorce among human societies, so knowing the problems on the way to birth will actually help to strengthen family relationships and root the bond between men and women. and the woman's body also has the ability to produce eggs, but the woman cannot grow the fetus in the womb due to an organic defect, for example, she has diabetes, thalassemia, or other diseases that she becomes pregnant with from her husband but the pregnancy is aborted after a while and before completion, or the child in the fetal state is affected by the mother's diseases after a while and develops incompletely and is born incomplete, and there are other cases that cause families to be deprived of the gift of a child, according to the progress of medical science and Technology related to biology, there is a solution, and people interested in having children will not be deprived of this gift, and in this way they can solve the problem.