Open AccessRelativity of the Child Born through Artificial Insemination from the viewpoint of Jurisprudence and Islamic Law
Author(s) -
Seyyed Reza Jabbari,
Seyyed Hassan Abedian Kalkhoran,
Askari Alireza,
Hossein Shamsi Gooshki
Publication year - 2019
Publication title -
journal of ecophysiology and occupational health/journal of ecophysiology and occupational health
Language(s) - English
Resource type - Journals
eISSN - 0974-0805
pISSN - 0972-4397
DOI - 10.18311/jeoh/2019/24280
Subject(s) - fiqh , law , imitation , jurisprudence , principle of legality , legitimacy , subject (documents) , artificial insemination , political science , islam , sociology , psychology , sharia , politics , philosophy , computer science , social psychology , pregnancy , theology , library science , biology , genetics
Artificial insemination is one of the wonderful phenomena of the modern world. Considering that this discussion has not been specifically discussed in the jurisprudential subjects of the early jurists, it can be the source of various jurisprudential and legal issues. In the beginning, some of the jurists believed in the absolute prohibition of all forms of artificial insemination and some great authorities as sources of imitation considered wife and husband’s artificial insemination unlawful. However, with the recognition of this issue by some other sources of imitation and legality of the relativity of the child born by artificial insemination is subject to numerous theoretical disputes that raised new perspectives and led to reconsideration of the religious statements. Therefore, the present paper seeks to investigate, study further jurisprudential and legal sources to clarify the legal provisions related to such persons and while respecting their rights, it would prevent the presence of unidentified and derelict children in the community. Because by careful consideration of children born by artificial insemination and the legitimacy of these children in all forms of inoculation, it is possible to take a major step towards eliminating discrimination and preventing further problems in the Islamic society.