حمل کے شخصی مسائل اور مقاصد شریعت کے تقاضے

Individual Matters of Pregnancy and the Demands of the Shariah's Objectives

Abstract

In the present era, modern developments in the field of medical sciences are giving rise to new conflicts with the principles of Fiqh. Artificial insemination is one of the most important issues in this regard. There are two basic types of Artificial insemination. 1- Interior Artificial Insemination 2- Exterior Artificial Insemination. In order to ascertain the legitimacy and illegitimacy of artificial insemination, it is equally pertinent to understand the individual situation as it is to take into consideration the Objectives of Shariah.

So, in spite of the fact that Shariah’s Objectives of Nikah are defined, some religious decrees (Fatawaa) approve of the legitimacy of artificial insemination in line with the Objectives of Shariah, while some others decree (grant Fatwa) its illegitimacy in accordance with the Objectives of Shariah. Hence, artificial insemination is essentially illegitimate because it is against nature and the natural process of procreation. But if there is a situation in which artificial insemination becomes a necessity and there is no other way out, then it may be conditionally legitimized.