التلقيح الصناعي : دراسة طبية فقهية قانونية مقارنة

Abstract EN

This study deals with comparative legal doctrinal medical study on the technique of artificial insemination.

The importance of the topic is linked to the subject of the study with a legitimate purpose of the purposes of Islamic law which is the preservation of offspring.

Due to the prevalence of cases of infertility and the development of medical and biological sciences, which resulted in jurisprudential fatwas and legal issues need to be researched.

Since there is a legal dispute between the legislation that permits the technique of artificial insemination and its new developments of freezing and cultivating embryos and Insemination, after the dissolution of marital bond and legislation that rejects this technique, it was necessary to clarify what is allowed in Sharia and law in dealing with the artificial Insemination and clarifying the borders which not allowed to go beyond according to the sharia and the law.

Problems: In spite of the great importance of this subject as it addresses the problem of a category and a segment of humans in the continuity of reproduction, but the questions that arise for example are: Are all types of artificial insemination permitted by sharia?, To whom the child resulted from the artificial Insemination belongs to? Who is the real mother? The mother of the egg or the mother of the womb?, The problem of renting wombs, frozen embryos as well as frozen eggs and sperm and the surplus of fertilized eggs and their use in scientific research.

In order to answer these problems, I have followed the inductive approach that imposes the jurisprudential and analytical subjects as well as the comparative approach between the supporting and opposing texts.

The research concludes for several results, that not all types of artificial insemination are allowed in accordance with Islamic law.

The only type allowed in accordance with Islamic law is that the egg and sperm taken from the couple and then placed in the womb of the wife.

The research also concluded that not all technologies applied to human beings have a legal status as explained by their use, where the expansion led to enter to what's prohibited by sharia law.