CRITICAL EXAMINATION OF THE RIGHT OF ARTIFICIALY INSEMINATED CHILD TO INHERIT UNDER ISLAMIC LAW
General introduction
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Foreword
Islamic law emphasizes the importance of both partners’ fertility and ability to bear children as the basis for a healthy and successful marriage.
The Prophet’s encouragement to prefer marriage between a fertile woman (walud) who may not be so beautiful and a barren, beautiful and respectful woman conveys the message well. Infertility isn’t just for women. In the hadith, we see a barren man (“aqim”) accused by the Prophet of not telling his wife before marriage that she could not have children. The Prophet (SAW) taught a man (akhbirha wakhayyirha). “Let them know and let them choose as a result!”2
Based on this information, women had the legal right to refuse to marry an infertile man. Every woman has the right to a successful marriage, and the law strongly protects that right.
Sunnan-Al-Nisa’I, Cairo, 1964, Vol. 6, pp. 65-66
Musanaf’Abd Al-Razzaq, 1 Lebanon, 1972, Vol. 6, p. 162 (Babul-Rajul Al-‘Aqim)
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Marriage is not viewed solely as a means of reproduction in Islamic law, and sexual relations between a man and a woman are not considered solely for reproductive purposes, but are considered to be legally conceived. is the desired and expected outcome of Shariah marriage. Therefore, Islamic law does not allow any other way to have children other than giving birth, and adoption in particular is completely prohibited by Islamic law. It is not surprising that infertile Muslim couples are very interested in artificial insemination to conceive the child they want. In recent years, artificial insemination has taken many forms, including test-tube babies, surrogacy through various contracts with infertile couples, and simpler methods. All of this is giving new hope to childless couples around the world.
However, it is useful to provide a definition of artificial insemination. Artificial Insemination, or A.I, is the process of introducing sperm into a woman’s reproductive tract (without intercourse) in order to fertilize her by means other than N.I or coitus. As previously mentioned, this method of childbirth is used as an assisted reproductive technique, using sperm from a woman’s male partner or sperm from a donor (donor sperm) when the male partner or woman is not producing sperm. .
3 http:
//en.wikipedia.org/wiki/E:
/Books/Artificial Insemination.html; reviewed December 5, 2010. 13
Male partners (that is, single women and lesbians). When donor sperm is used, the woman is the genetic mother of the conceived child and the sperm donor is the child’s genetic or biological father.
This issue was hotly debated by legislators of the Western world (British, French, Egyptian and other countries). The House of Commons (England) decided to establish a committee of legal experts to study the subject.4
Doctors in France made the matter dependent on the consent of the spouses, allowing it if both parties agreed.In Italy, the Pope prohibited artificial insemination by religious decree.
Given the above positions, it is therefore appropriate to contrast these positions from a purely Islamic point of view of artificial insemination. In fact, artificial insemination is one of the new subjects on which Muslim scholars have recently conducted some ijtihad in the light of some basics.
Ayatullah Makarim Shiraz & Ayatullah Ja’afar Subhani; “Islamic Perspectives on Artificial Insemination”; http:
//en.wikipedia.org/wiki/E:
/Books/Artificial Insemination.html; reviewed December 5, 2010.
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Quran and Sunnah principles and values. Artificial insemination with the husband’s sperm is legal under Islamic law because it is based on the validity of the marriage simply because the husband was unable to deposit it in the wife’s tube.From a donor (AID) Harvested sperm is illegal and suitable for some jurists to rape Gina. As for the child born from here, it is attributed to the mother who gave birth, not to the man who provided the seed as in the case of Gina, so the father You cannot inherit from a parent, but your mother can. However, caution should be exercised here, as observed by a professor of Islamic jurisprudence at Al-Azhar University in Cairo7. “Artificial insemination that is necessarily expected to be carried out under careful and safe laboratory conditions. The owners of these labs must be trustworthy individuals.”
The Islamic Fiqh Council, while affirming the acceptability of artificial insemination in Islam, emphasized the need to perform the operation while both the husband and wife are alive.
7 Fattah A., in a comment on this point dated 4 July 2007, said:
clock; www.google.com
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Research background. Artificial insemination has attracted attention in recent years. However, it was in 1884 that he first reported a human donor for artificial insemination. Pancoast8 was executed and the operation was flagged as rape. The reason was; the women’s consent was not obtained. Islamic law condemns or despises donor artificial insemination (AID). This is the effect that children have on their mothers. He could legally inherit his mother, not his sperm donor. This was because there was no valid marriage contract between the duo. Artificial insemination requested by the husband is legally permissible as long as the marriage contract is valid and it takes place during the lifetime of the couple. Children born of this can inherit their parents in a fair manner, and paternity is attributed to their father. All jurists agree that this is due to this opinion, relying on the Hadith of the Prophet (Saath), which states:
“Marry me and prove that you will be proud of your number on Judgment Day” 9
8 http:
//en.wikipedia.org/wiki/E:
/Books/Artificial Insemination.html; reviewed 12/5/2010.
Professor Jefferson Medical College in Philadelphia.
9 Mukhtar, Hadith Al-Nubaurr, Darul Fikr, S.54
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Purpose of research.
The sole intent and purpose of this study is to critically examine the opinions of Muslim scholars regarding artificial insemination and to clarify whether such products (children) born from artificial insemination can be used under Islamic local methods. Consider inheritance rights.
Furthermore, this work also aims to enrich people’s understanding and knowledge of the legality or illegality of artificial insemination under Islamic law.
This is also done in view of prophetic traditions to justify the paternity of children born as a result of artificial insemination by the husband (AIH) and artificial insemination by a third party (AID). what to read;
“Children are for beds, stones for adulterers.”10
Finally, a Muslim’s contribution to knowledge without worldly gains that awaits him or her in the afterlife serves as her one of my goals and objectives in this study.
10 Khan M.M. Translation of the Meaning of Sahih Al-Bukhari; Madena, Volume 8. p.422; Hadith No.6750. 17
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research priorities.
This study examines Muslim scholars’ opinions on the legality or unacceptability of artificial insemination with respect to the inheritance of its products (children). It also takes into account the various forms in which artificial insemination takes place and the forms permitted by Islamic law.
For example, Islamic law was used to determine the legal position regarding the inheritance of children conceived by artificial insemination under Islamic law.
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Research scope and limitations
This work is strictly confined to the essential but well-founded opinions of Muslim scholars on artificial insemination. However, for convenience of study, his writings are limited to the Qur’an,
Hadeeth and other appropriate materials suitable for this task to produce a high quality and original research paper.
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research method
Since this is an essay his project, it describes the good aspects of working according to Islamic principles.
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With this in mind, the materials used in this project include: Anne and Hadith. Also noteworthy is the testimony of his usul-al-fiqh, a highly skilled person who is knowledgeable/expert in Islamic jurisprudence.
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literature review
There are many works on the theme of inheritance under Islamic law. Given the importance of the Quran and Hadith in relation to inheritance issues, the main sources of law are:
Islamic law laid a very strong foundation for the distribution of the property of the deceased.
Therefore, for those who have reached the stage of ijtihad, areas not covered by his two aforementioned sources can be derived using reasoning with extensive knowledge of both the Qur’an and Hadith at their own discretion. is entrusted to rules from there.
So is the issue of artificial insemination, which is a new phenomenon in our society and has attracted the attention of various legal scholars as to how true its validity is under Islamic law. Also, the right of children born from that medium to inherit under the law.
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As already stated, the scholars are not unanimous over the occurrence of this new medium of procreation mainly because, it was likened to the grievous but punishable offence of zina, which was absolutely prohibited by Allah and His messenger (S.A.W) in both Qur‟an and Hadith. This project is thus aimed at examining the views of scholars on the subject matter, artificial medium of procreation, (A.I).However, in a bid to arriving at the choice of the present study, some investigations were made to survey scholarly works on this topic of discussion of the contemporary jurists in nexus with the provisions of the both the Qur‟an and Hadith.
Hence, with regard to the late well-known Grand Imam of Azhar, Sheikh Mahmoud Saltut, who was of the view that Artificial Insemination is despicable crime and a major sin just as zina.11
Though, just like other jurist, he did not generalize his view as to the one involving the consent of the legal couples legally married under Islamic law. Amongst the jurists that likened Artificial Insemination by Donors (A.I.D) to zina are; Muhammad Saleh Al-Munajjid, Sheikh Ahmad Kutty, Dr. Muzammil Siddiqi and a host of others. The rationale behind the whole rule was to bring a society stepped in immorality to observe the highest standard of morality, for when the interests of human being keep on shifting with a change in the circumstances, the laws also adjust accordingly. 11 Shaltut, “Al-Fatawa”, (ISLAMIC LEGAL DECISIONS); p.300.
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Conclusion
Having given the above background, the next chapter will briefly discuss the Islamic law of inheritance as explained in the Glorious Quran, the Sunnah of the Holy One.
Various opinions of Prophet Muhammad (Saas) and Islamic jurists.