Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 531-545 |
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Masjedsaraie H, Mousavi M, Monazemi F. The legal and ethical principles of childbearing despite the medical prohibition due to the child's disability. MLJ 2021; 15 (56) :531-545
URL: http://ijmedicallaw.ir/article-1-1165-en.html
URL: http://ijmedicallaw.ir/article-1-1165-en.html
1- of Jurisprudence and Principles of Islamic Law, Faculty of Humanities, Semnan University, Semnan, Iran
2- of Jurisprudence and Principles of Islamic Law, Semnan University, Semnan, Iran
3- of Islamic Law, Semnan University, Semnan, Iran
2- of Jurisprudence and Principles of Islamic Law, Semnan University, Semnan, Iran
3- of Islamic Law, Semnan University, Semnan, Iran
Abstract:
Background and Aim: Despite the desirability of having children for couples in most cases, sometimes the existence of dangerous mental, psychological and physical disabilities for the child due to genetic or congenital causes, causes the doctor, the couple against the esoteric desire and of course citing Medical reasons and documents forbid having children. Since in jurisprudential sources, no explicit statement has been made about the ruling and duty of couples in the face of this phenomenon, in this article we intend to rule or not allow childbearing in the case under consideration based on jurisprudential and moral arguments and principles. Let's check.
Materials and Methods: This research uses a descriptive-analytical method to explain the basics of the research and, citing library sources, the ruling on procreation despite medical prohibitions in jurisprudential sources and, of course, with an ethical view of the subject.
Results: Since the reasons for not allowing pregnancy in the presumption of disability for the child are stronger, it is necessary for the customary legislator based on jurisprudential principles to create a legal basis for such a prohibition.
Ethical considerations: All stages of this research have been done based on ethical principles, fidelity, and honesty.
Conclusion: The analysis of jurisprudential arguments and principles indicates that if the doctor's prohibition is probable, pregnancy is a religious abomination in situations of danger to the child, but if the doctor's prohibition causes termination or strong suspicion, the wife's voluntary pregnancy It is not permissible. At the same time, moral principles such as moral conscience consider pregnancy in these circumstances as contrary to human dignity, justice and fairness, and consider it as an example of abuse of rights by parents; As a result, it is also morally forbidden.
Cite this article as: Masjedsaraei H, Mousavi M, Monazzami F. The legal and ethical principles of childbearing despite the medical prohibition due to the child's disability. Medical Law Journal 2021; 15(56): e33.
Materials and Methods: This research uses a descriptive-analytical method to explain the basics of the research and, citing library sources, the ruling on procreation despite medical prohibitions in jurisprudential sources and, of course, with an ethical view of the subject.
Results: Since the reasons for not allowing pregnancy in the presumption of disability for the child are stronger, it is necessary for the customary legislator based on jurisprudential principles to create a legal basis for such a prohibition.
Ethical considerations: All stages of this research have been done based on ethical principles, fidelity, and honesty.
Conclusion: The analysis of jurisprudential arguments and principles indicates that if the doctor's prohibition is probable, pregnancy is a religious abomination in situations of danger to the child, but if the doctor's prohibition causes termination or strong suspicion, the wife's voluntary pregnancy It is not permissible. At the same time, moral principles such as moral conscience consider pregnancy in these circumstances as contrary to human dignity, justice and fairness, and consider it as an example of abuse of rights by parents; As a result, it is also morally forbidden.
Cite this article as: Masjedsaraei H, Mousavi M, Monazzami F. The legal and ethical principles of childbearing despite the medical prohibition due to the child's disability. Medical Law Journal 2021; 15(56): e33.
Type of Study: Original Article |
Received: 2020/06/6 | Accepted: 2021/01/19
Received: 2020/06/6 | Accepted: 2021/01/19
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