Volume 9, Issue 35 (Winter 2015)                   MLJ 2015, 9(35): 53-80 | Back to browse issues page

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Mohammad Taghizade M, Shakeri Golpayegani T, Mirkhani E A, Gharavi Naeeni N. Reproductive Health: Jurisprudence and Legal Review with Emphasis on the Need for Providing the Interests of Sharia. MLJ. 2015; 9 (35) :53-80
URL: http://ijmedicallaw.ir/article-1-385-en.html
1- Department of Women Studies, Tarbiat Modares University, Tehran, Iran
2- Department of Quran and Hadith Sciences, Tarbiat Modares University, Tehran, Iran
Abstract:  

Background and aim: Population increase is one of the most important goals of life and has high position in societies. Infertility is an issue that has caused a new discussion in medical and nonmedical sciences, and, consequently certain legal and juridical issues have been created in human society especially current Iranian society. The aim of this research is to examine juristic and legal basis of medical fertilities, especially the principles of its license among couples and its lack of acceptance among aliens.

Methods: This research uses library and documentation methods with an analytical, descriptive and inductive approach.

Findings: Various needs of people are answered by the correct understanding of Islamic law, and most jurists have accepted medical fertilities among couple and yet do not accept it for aliens.

Conclusion: The result of this research indicates that responding to the human instinct to have children, reduction of family hardship and problems of society, challenging natural processes of human creation, destruction of the family (the most important unit of society) and ignoring principles like justiceare the main reasons of Muslim scholars’ apposition to accept the methods of medical fertility among aliens.

Please cite this article as: Mohammad Taghizade M, Shakeri Golpayegani T, Mirkhani E, Gharavi Naeeni N. Reproductive Health: Jurisprudence and Legal Review with Emphasis on the Need for Providing the Interests of Sharia. Iran J Med Law 2016; 9(35): 53-80.

Type of Study: Original Article |
Received: 2014/11/2 | Accepted: 2015/09/20

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