چکیده:
Given the importance of the family and its role in forming human societies, and Islam's recommendation to preserve and strengthen it, leniency or negligence toward new issues arising in this field is not justifiable. One of these issues is artificial procreation. The right to have a child in cases where couples or one of them is unable to reproduce should not provide an excuse for ignoring ethical principles and having children through unnatural ways or outside of marriage. In vitro fertilization and other methods of artificial procreation are matters that have been extensively discussed and examined by Western scientists in the last century. The birth of "Louise Brown" in 1978 was a positive result of this research. In this article, using the opinions of jurists, the view of the religion of Islam regarding artificial procreation, based on Imami jurisprudence, is examined in terms of permissibility or prohibition, lineage, inheritance, and marriage. This article explains various aspects of this subject and clarifies some of the disputed issues in this regard. The criterion for permissibility and prohibition in artificial insemination, according to most Islamic jurists, depends on the existence or non-existence of a valid or invalid relationship between the man and the woman. At the same time, a child born from a man's sperm and a woman's egg without a marital relationship possesses rights in terms of lineage, inheritance, alimony, etc.
خلاصه ماشینی:
Imam Khomeini (RA) considers the attachment of the born child to the owners of the sperm and egg to be problematic in the case of knowledge and intent in the insemination of the semen-provider and a foreign man lacking a marital relationship, and he advocates for caution [6, Vol. 2, p.
This ruling also applies to the case where the man's sperm and his wife's egg are inseminated together and placed in the womb of another woman (whether married or unmarried); meaning, the relationship between the child and the owners of the sperm and egg is a valid lineage relationship, causing inheritance and mahramiyat; however, there is no consanguineous relationship between the child and the surrogate mother and her husband, and therefore the child does not inherit from them and they do not inherit from the child; but regarding mahramiyat, some jurists have assumed the mother to be in the ruling of a foster mother and have ruled with caution regarding mahramiyat and marriage [9, Vol. 1, p.
3-2-1- Lineage (Nasab) Based on the decisive opinion of the majority of Maraji' (religious authorities) and jurists in the Islamic country of Iran, based on the prohibition of inseminating the sperm of a man and the egg of a woman between whom no valid and legal marital relationship exists, we will now examine the effects of this act in various cases.
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