Volume 6, Issue 4 (OCTOBER 2007)
Payesh 2007, 6(4): 0-0 |
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Al-Hasani S.. Islamic consideration (in Suni School) regarding bioethics and ART (especially oocyte and embryo donation) and the law in Germany. Payesh 2007; 6 (4)
URL: http://payeshjournal.ir/article-1-688-en.html
URL: http://payeshjournal.ir/article-1-688-en.html
Abstract: (8365 Views)
Objective(s): The last two decades have witnessed the secularization of bioethics. The religious influence on bioethics subsequently declined. Bioethics today is no longer dominated by religion and medical traditions as it used to be in the past. Unfortunately, it has become dominated more by philosophical, social and legal concepts. In the Islamic countries, religion still influences a lot of behaviors, practices and policies. Science without conscience ruins the soul. It is therefore not surprising that science and religion have been interrelated since the beginning of human history. The Holy Quraan encouraged marriage, family formation and reproduction. The Verse says: “We did send apostles, before thee, and appointed for them wives and children (Sura Al Ra´d, 13:38, Holy Quraan). Another Verse says: “And Allah has made for you mates of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best (Sura Al-Nahl, 16:27, Holy Quraan).
Regarding infertility among many couples it says: “He bestows (children) male and female, according to His will (and Plan), or He bestows both males and females, and He leaves barren whom He will (Sura Al-Shura, 42:49-50, Holy Quraan).
Through the advances in assisted reproduction, it became possible to separate the bonding of reproduction from sexual act. These advances enabled women to conceive without having sex, either in vivo or in-vitro. This enables also the involvement of a third party in the process of reproduction whether by providing an oocyte, a sperm, an embryo or a uterus.
In the Suni Muslim world, the basic guidelines for assisted reproduction are as follows. If ART is indicated in a married coupleas a necessary line of treatment, it is permitted during validity of marriage contract with no mixing of genes. If the marriage contract has come to an end because of divorce or death of the husband, artifical reproduction cannot be performed on the female partner even using sperms of the former husband. Besides, the oocyte and sperm donation are also not allowed because of mixing the genes. In case of Bigamy (in case of marriage of two wifes or more), there was a Fatwa allowing the oocyte or embryo donation within the same family, but this Fatwa was retarded and now even in Bigamy this possibility is not permitted.
Conclusion: In Germany there is a law, which was legislated in 1991 which regulates the assisted reproduction technology. The law does not allow the oocyte and embryo donation while sperm donation in case of artificial insemination is allowed. The oocyte and embryo donations are not permitted just because of the possible legal problems which might follow this procedure. But this restriction in the law is not based on the religious or moral issue.
Regarding infertility among many couples it says: “He bestows (children) male and female, according to His will (and Plan), or He bestows both males and females, and He leaves barren whom He will (Sura Al-Shura, 42:49-50, Holy Quraan).
Through the advances in assisted reproduction, it became possible to separate the bonding of reproduction from sexual act. These advances enabled women to conceive without having sex, either in vivo or in-vitro. This enables also the involvement of a third party in the process of reproduction whether by providing an oocyte, a sperm, an embryo or a uterus.
In the Suni Muslim world, the basic guidelines for assisted reproduction are as follows. If ART is indicated in a married coupleas a necessary line of treatment, it is permitted during validity of marriage contract with no mixing of genes. If the marriage contract has come to an end because of divorce or death of the husband, artifical reproduction cannot be performed on the female partner even using sperms of the former husband. Besides, the oocyte and sperm donation are also not allowed because of mixing the genes. In case of Bigamy (in case of marriage of two wifes or more), there was a Fatwa allowing the oocyte or embryo donation within the same family, but this Fatwa was retarded and now even in Bigamy this possibility is not permitted.
Conclusion: In Germany there is a law, which was legislated in 1991 which regulates the assisted reproduction technology. The law does not allow the oocyte and embryo donation while sperm donation in case of artificial insemination is allowed. The oocyte and embryo donations are not permitted just because of the possible legal problems which might follow this procedure. But this restriction in the law is not based on the religious or moral issue.
type of study: Descriptive |
Accepted: 2018/11/28 | Published: 2007/10/15
Accepted: 2018/11/28 | Published: 2007/10/15
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