اللقائح الفائضة من الزوجين بعد عملية التلقيح الخارجي بين الإهدار و الاستخدام : دراسة فقهية مقارنة

Abstract EN

The study of this research dealt with the definition of the concept of the term surplus inoculations and external fertilization as well as the provision of preserving inoculations through freezing and the extent of its compatibility with the Sharia and that it follows the motivating reason for it.

Thus, it is permissible if the motivator is permissible, and it is forbidden if the motivator is forbidden.

This may be in the interest of the individual or for a public interest accruing to society.

The study also showed that it is forbidden to destroy surplus inoculations after the process of external fertilization because of the existence of life in them what makes them destined to be created by the will of God Almighty except if a necessary situation arises when the position of the pollination in the womb of the wife endangers her life, or the circumstances and conditions change, what makes the couple refuse having children so it is used in medical treatment or scientific research.

The study also clarifies the provision of the use of these surplus inoculations whether by cultivation or through medical treatment, or by conducting scientific experiments, which resulted in the permissibility of cultivation of these surplus inoculations from the spouses after the process of external artificial insemination in order to avoid loss, damage, or tampering with it.

Also because these inoculations are a product of the meeting of the semen of the spouses in a safe laboratory environment without replacement or mixing, and the necessity for that is taken with the adoption of legal measures for security from legal prohibitions.

This is what happens in pregnancy in the womb where the sperm meets the ovum in the womb of the wife noting that the study showed that it is not permissible to grow surplus inoculations from the spouses in the womb of the fellow wife respecting the feelings of motherhood for that fellow wife, and to suppress the pretexts as it may result in spoilers and family, psychological and social damages that surpass the positives and interests arising from them.

The study also showed that it is permissible to obtain stem cells from these inoculations and develop them for the purpose of treatment or to do permissible scientific researches, especially when they are not needed, because if they aren't certainly a source to benefit from them in the scientific results, they will be doomed to kill by abandonment and neglectance.

If the couple are in urgent need to them, it is forbidden to prejudice them but they are left to be well made use of for which they were existed.