Islamic jurisprudence on reproductive technology: a methodological appraisal

Ever since the birth of Louise Brown in the UK, 1978, via in vitro fertilization, and the success story of intracytoplasmic sperm injection (ICSI) in Belgium in 1992 (Inhorn, n.d.) , biomedical technologies have made great strides in assisting not only the infertile couples but even gays and lesb...

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Main Author: Haneef, Sayed Sikandar Shah
Format: Book Chapter
Language:English
Published: Springer 2014
Subjects:
Online Access:http://irep.iium.edu.my/34382/
http://irep.iium.edu.my/34382/1/34382.pdf
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author Haneef, Sayed Sikandar Shah
author_facet Haneef, Sayed Sikandar Shah
author_sort Haneef, Sayed Sikandar Shah
building IIUM Repository
collection Online Access
description Ever since the birth of Louise Brown in the UK, 1978, via in vitro fertilization, and the success story of intracytoplasmic sperm injection (ICSI) in Belgium in 1992 (Inhorn, n.d.) , biomedical technologies have made great strides in assisting not only the infertile couples but even gays and lesbians to have children. Societal responses to this technological advancement by and large have been one of radical support and cautious acceptance. For instance, Western feminists celebrated it as “freeing the Western civilization from the prejudice of morality” (p. 119); Christian Theologies received it with mixed reaction due to a host of moral hazards that it entails for integrity of family and lineage clarity. In the Muslim world, Shi’ah gave it a blanket approval, but the Sunni jurists received it with some caveat. The divergent legal scenario, at microlevel, proves attractive for common Muslims due to a number of anthropological variables such as fulfi llment of a barren male fervent desire for children as a proof of his virility, bringing pride to an infertile wife for proving as reproductive, making polygamy redundant in the case of profoundly in love monogamous couples, etc. (p. 120). At the macro level, however, the dilemma is one of striking a balance between pragmatic consideration of overcoming the problem of infertility and the core principles of sexual purity and lineage clarity within the paradigmatic framework of Muslim family law. Accordingly, this paper proposes to critically review Muslim juridical responses with the purpose of proposing some methodological points for further deliberations.
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spelling iium-343822025-01-31T07:05:46Z http://irep.iium.edu.my/34382/ Islamic jurisprudence on reproductive technology: a methodological appraisal Haneef, Sayed Sikandar Shah KBP1 Islamic law.Shariah.Fiqh KBP470 Law reform. Criticism. Tanzim Ever since the birth of Louise Brown in the UK, 1978, via in vitro fertilization, and the success story of intracytoplasmic sperm injection (ICSI) in Belgium in 1992 (Inhorn, n.d.) , biomedical technologies have made great strides in assisting not only the infertile couples but even gays and lesbians to have children. Societal responses to this technological advancement by and large have been one of radical support and cautious acceptance. For instance, Western feminists celebrated it as “freeing the Western civilization from the prejudice of morality” (p. 119); Christian Theologies received it with mixed reaction due to a host of moral hazards that it entails for integrity of family and lineage clarity. In the Muslim world, Shi’ah gave it a blanket approval, but the Sunni jurists received it with some caveat. The divergent legal scenario, at microlevel, proves attractive for common Muslims due to a number of anthropological variables such as fulfi llment of a barren male fervent desire for children as a proof of his virility, bringing pride to an infertile wife for proving as reproductive, making polygamy redundant in the case of profoundly in love monogamous couples, etc. (p. 120). At the macro level, however, the dilemma is one of striking a balance between pragmatic consideration of overcoming the problem of infertility and the core principles of sexual purity and lineage clarity within the paradigmatic framework of Muslim family law. Accordingly, this paper proposes to critically review Muslim juridical responses with the purpose of proposing some methodological points for further deliberations. Springer 2014-11-23 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/34382/1/34382.pdf Haneef, Sayed Sikandar Shah (2014) Islamic jurisprudence on reproductive technology: a methodological appraisal. In: Proceedings of the International Conference on Science, Technology and Social Sciences (ICSTSS) 2012. Springer, Singapore, pp. 389-395. ISBN 978-981-287-076-6 / 978-981-287-077-3 http://link.springer.com/chapter/10.1007%2F978-981-287-077-3_45
spellingShingle KBP1 Islamic law.Shariah.Fiqh
KBP470 Law reform. Criticism. Tanzim
Haneef, Sayed Sikandar Shah
Islamic jurisprudence on reproductive technology: a methodological appraisal
title Islamic jurisprudence on reproductive technology: a methodological appraisal
title_full Islamic jurisprudence on reproductive technology: a methodological appraisal
title_fullStr Islamic jurisprudence on reproductive technology: a methodological appraisal
title_full_unstemmed Islamic jurisprudence on reproductive technology: a methodological appraisal
title_short Islamic jurisprudence on reproductive technology: a methodological appraisal
title_sort islamic jurisprudence on reproductive technology: a methodological appraisal
topic KBP1 Islamic law.Shariah.Fiqh
KBP470 Law reform. Criticism. Tanzim
url http://irep.iium.edu.my/34382/
http://irep.iium.edu.my/34382/
http://irep.iium.edu.my/34382/1/34382.pdf