Volume 16, Issue 57 (4-2022)                   MLJ 2022, 16(57): 900-885 | Back to browse issues page

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Amerian S, Hamzeh Salarzaee A, Heidari Z. A Review on the Time of Ensoulment in the Fetus Based on Books and Traditions in Order to Use the Science of Embryology. MLJ 2022; 16 (57) :900-885
URL: http://ijmedicallaw.ir/article-1-1518-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Sistan and Baluchistan, Zahedan, Iran
2- Department of Histology and Embryology, Faculty of Medicine, Sistan and Baluchistan University of Medical Sciences, Zahedan, Iran
Abstract:  
Background and Aim: The present article entitled "A review on the time of ensoulment in the fetus based on books and traditions in order to use the science of embryology" seeks to answer this basic question, when will the exact time of ensoulment in the fetus? By considering religious sources and its application to the science of embryology. Our claim and hypothesis about the basic question was that seventeen weeks in the medical sciences, or four months in religious texts, which is considered to be the overlapping time of the ensoulment, not its definite and inevitable time. No detailed research was found in legal jurisprudential sources using the advice of experts at the time of this important event. In addition, there is no doubt that the time of the evolution of the soul is more or less a plase of discussion, & this matter doubles the necessity of discussion with new finding in embryology.
Method: The present study has been written by comparative analysis method & using library data. In this way, first the views of the time of the evolution of the soul are based on verses, narrations, theories of jursts & jursts & then by applying the science of embryology, the time of the evolution of the soul is measured.
Ethical Considerations: The current research has been compiled in compliance with the principles of ethics, trustworthiness, honesty and originality of the texts.
Results: The findings indicate that the information data extracted from religious texts, including the book and tradition, are consistent with the science of embryology regarding the time of birth of the soul in the fetus, which is an average of 4 to 4.5 months.
Conclusion: The results of this study showed that in none of the verses of the Qur'an, the time of the ensoulment is stated. On the other hand, Islamic narrations regarding the ensoulment are divided into three categories, one with mentioning the number, the other with emphasis on the month and finally the last group of narrations following the determination of blood money, referring to the stages of fetal development. In medical science, the soul is intangible and this has led theorists to use the term life in their statements. The distinction between life in the vegetative and animal stages, from life in the human stage or the ensoulment, is another theory and concern of the present article. From the embryology point of view, the sixteenth week of pregnancy, quickening means the first voluntary movements of the fetus, which seems to be a relatively significant statistic of the time of the ensoulment, considering its adaptation to religious texts.
Please cite this article as:
Amerian SH, Salarzaee AH, Heidari Z. A Review on the Time of Ensoulment in the Fetus Based on Books and Traditions in Order to Use the Science of Embryology. Medical Law Journal. 2022; 16(57): e63.
Type of Study: Original Article |
Received: 2022/01/22 | Accepted: 2022/02/16

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