With the exception of Jum'atul-Wid'a, I shall continue the journal insha-Allah and will set specific topics each Jum'ah.
At the outset, let me say what I shall NOT talk about and that is Abortion and Human cloning. Main discussions will be for genetic engineering and such methods in humans and how Islam looks at these technologies where to place restrictions and where to allow the technology.
First, it should be undersood that the primary purpose of the technologies used today for 'parenting' are needed to help persons who are unable to have a child by natural methods and also for therapeutic purposes (treating some diseases by, say, genetic manipulation). We may call these "Assisted reproductive technologies" for the childless couples and 'gene therapy' for the therapeutic methods (for prevention as well as management). Now, just to enumerate the five goals of Sharia:
1. Preservation and protection of (self) life.
2. Preservation and protection of mind (Intellect)
3. Preservation of faith (any faith of the peoples, not just Islam)
4. Preservation of ownership (of property etc.)
5. Preservation of Offspring (ability to procreate; main requirement of family structure)
(Shatibi -- in "Muaffaqat")
All rules and regulations of Islamic Jurisprudence are designed with the above goals in mind.
I will talk about ART (Assisted Reproductive technologies) only.
1. Artificial Insemination. This procedure involves using the husband's semen for impregnation of wife's ovum through intra-uterine placement. Whether the semen is from a 'Bank', frozen and thawed or fresh obtained and "treated" (such as concentration), the condition is that :
a) It must be from the HUSBAND only and from no other person
b) The process can ONLY be valid if the marriage is current. (meaning that for example frozen semen of the husband cannot be used after his death or after divorce)
2. IVF (In Vitro Fertilization) In this process, the ovum (or ova) is fertilized by a sperm in the Lab. (Husband and wife relationship conditions remain the same.)
Fertilized ovum is then transfered into the uterus of the wife for 'take'.
There are several difficulties in the process and many technological advances have been made for this method to be more and more successful. I am not describing technical details.
(My friend Dr. Hussam E. Fadel MD, FACOG, prof. in the dept. of OB-GYN in Augusta GA, has written an excellent account first appeared in FIMA year book 2002 Page 59)
Also please see Booklet on "Medical Ethics: The Islamic Perspective published by IMANA, (Islamic Medial Association of North America)-- 101 West 22nd St. Ste. 106, Lombard Il. 60148 USA.
When you see the goals of Shari'ah it is easy to understand why Islam is strict about the marriage and family and offsprings. No confusion should enter in the family structures as the laws apply to family members, we must know the definite members.
As you will see in the Tafsir books regarding the interpretation of Verse # 37 (....When Zaid had dissolved his marriage with her, We joined her in marriage to thee: in order that there may be no diffiluty for the believers in marriage with the wives of their adopted sons when the latter have dissolved their marriage with them...) and of #40 (Muhammad is not the father of any of your men, but he is the messenger of Allah and the Seal of the prophets: ...) of Chapter 33rd (Ahzab)
CLearly here Allah is defining "Childern" but this is not to say that the "adoption" is not allowed in Islam. One can see that it is vital to differentiate between the adopted and the real children for the laws and their proper application.
Next will talk about "surrogacy"
At the outset, let me say what I shall NOT talk about and that is Abortion and Human cloning. Main discussions will be for genetic engineering and such methods in humans and how Islam looks at these technologies where to place restrictions and where to allow the technology.
First, it should be undersood that the primary purpose of the technologies used today for 'parenting' are needed to help persons who are unable to have a child by natural methods and also for therapeutic purposes (treating some diseases by, say, genetic manipulation). We may call these "Assisted reproductive technologies" for the childless couples and 'gene therapy' for the therapeutic methods (for prevention as well as management). Now, just to enumerate the five goals of Sharia:
1. Preservation and protection of (self) life.
2. Preservation and protection of mind (Intellect)
3. Preservation of faith (any faith of the peoples, not just Islam)
4. Preservation of ownership (of property etc.)
5. Preservation of Offspring (ability to procreate; main requirement of family structure)
(Shatibi -- in "Muaffaqat")
All rules and regulations of Islamic Jurisprudence are designed with the above goals in mind.
I will talk about ART (Assisted Reproductive technologies) only.
1. Artificial Insemination. This procedure involves using the husband's semen for impregnation of wife's ovum through intra-uterine placement. Whether the semen is from a 'Bank', frozen and thawed or fresh obtained and "treated" (such as concentration), the condition is that :
a) It must be from the HUSBAND only and from no other person
b) The process can ONLY be valid if the marriage is current. (meaning that for example frozen semen of the husband cannot be used after his death or after divorce)
2. IVF (In Vitro Fertilization) In this process, the ovum (or ova) is fertilized by a sperm in the Lab. (Husband and wife relationship conditions remain the same.)
Fertilized ovum is then transfered into the uterus of the wife for 'take'.
There are several difficulties in the process and many technological advances have been made for this method to be more and more successful. I am not describing technical details.
(My friend Dr. Hussam E. Fadel MD, FACOG, prof. in the dept. of OB-GYN in Augusta GA, has written an excellent account first appeared in FIMA year book 2002 Page 59)
Also please see Booklet on "Medical Ethics: The Islamic Perspective published by IMANA, (Islamic Medial Association of North America)-- 101 West 22nd St. Ste. 106, Lombard Il. 60148 USA.
When you see the goals of Shari'ah it is easy to understand why Islam is strict about the marriage and family and offsprings. No confusion should enter in the family structures as the laws apply to family members, we must know the definite members.
As you will see in the Tafsir books regarding the interpretation of Verse # 37 (....When Zaid had dissolved his marriage with her, We joined her in marriage to thee: in order that there may be no diffiluty for the believers in marriage with the wives of their adopted sons when the latter have dissolved their marriage with them...) and of #40 (Muhammad is not the father of any of your men, but he is the messenger of Allah and the Seal of the prophets: ...) of Chapter 33rd (Ahzab)
CLearly here Allah is defining "Childern" but this is not to say that the "adoption" is not allowed in Islam. One can see that it is vital to differentiate between the adopted and the real children for the laws and their proper application.
Next will talk about "surrogacy"
No comments:
Post a Comment