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دفتر حضرت آية اللہ العظمي صانعي کي ويب سائٹ :: ديني لائيبريري
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دفتر حضرت آية اللہ العظمي صانعي کي ويب سائٹ :: Insemination, Abortion, and Sex Change

Insemination, Abortion, and Sex Change

Issue 1218: To inseminate a woman artificially with her husband's sperm is permissible, but doing this, any illegal preliminary must be avoided; for instance, the person who carries out the insemination must not be a non-Mahram etc; and even if the preliminaries are illegal, the zygote and the child will be legal and belongs to the man and his inseminated wife and all rules regarding offspring apply to the child.

Issue 1219: It is permissible to externally fertilize an ovum from a woman other than one's wife with his sperm and then put the zygote into his wife's uterus, or the same woman's, or any other woman's; since it is considered neither adultery nor inseminating a woman other than one's wife, and if a child is born in this manner, it will be the man's; the mother of such a child is the woman whose ovum was fertilized based on her willingness provided that she has not waived her rights concerning the ovum (like putting in a bank to be used by others).

Issue 1220: It is permissible to reinforce a husband's sperm with that of another man's (known or unknown), and to put such reinforced sperm into the womb of his wife provided that it is just considered as strengthening the husband's sperm with that man's sperm as a tonic, in such a manner that the man's sperm merges into the husband's so that it is the husband's sperm which is taken as the origin of the child.

Q1221: Is it permissible for hermaphrodites and also for those men or women who despite showing obvious male or female characteristics respectively but see in themselves some of the characteristics of the opposite sex to change their sex or to reduce the signs and characteristics of the opposite sex in them?

A: Despite the difficulties and corruptions caused by sex-changing, it is not considered as illegal per se, and it is seen as a scientific evolution; and when such a change occurs in a person, they will have to follow all the rules and obligations concerning their new sex; that is, if they were men but now they have really become women, they should follow the rules and obligations of women; however, one must, before changing their sex, consider the issue from other different perspectives such as moral and personality matters, and one's own as well as others’ rights in the society etc. changing sex is usually, if not always, deemed illegal due to its legal issues and consequent corruptions, and it causes a variety of difficulties. Hence, one must consider the issue from all perspectives and even thought it is not forbidden to change one's sex per se (since it is a case of manipulating a creature not the creation), it cannot be considered as permissible due to the said consequences and corruptions: But an affirmative change is permissible, that is, to change, for instance, the sex of a person who shows the signs and characteristics of a man but based on physicians' diagnosis, they are actually and basically a woman. Such a change is not only permissible but also necessary and obligatory for the protection of their rights and observation of the rules which they are obliged to observe. In fact, this latter case is not considered as a change but as affirmation of a reality, and since such changes lead to the identification of the real sex of a hermaphrodite, and that it does not involve any corrupt consequences, it cannot be deemed illegal.

Q1222: Among religious minorities, it is permissible to have abortion. What is our duty as Muslim physicians towards them in this regard?

A: Muslim physicians must avoid carrying out such abortions that are considered illegal in Islam.

Issue 1223: If a woman should become pregnant from committing adultery, it is not permissible for her to have abortion; however, if this should be done before the fourth month of pregnancy, and in order to protect her reputation, it cannot be considered as illegal; rather, so as to ward off the distress and hardship associated with the loss of her integrity, and particularly with the assumption of repentance, it is permissible to have abortion.

Issue 1224: Should the existence of a fetus result in the mother's death, such as having an illness which may contaminate the mother and cause her death, in order to prevent the death of the mother and on condition that abortion is the only way to save the mother's life, she is allowed to abort the fetus, even after the soul has entered its body. Of course, it must be taken into consideration that deliberate and direct abortion of a fetus should always be regarded as the last solution, and so far as it is possible, the death and abortion of the fetus should be done through taking medication by the mother, along with her treatment.

Issue 1225: Should the fetus in a mother's womb cause the death of the mother and the fetus both, abortion of the fetus which would save the mother's life, even at the expense of taking the fetus out and causing its death, abortion is permissible and in such a case, it makes no difference whether the fetus is taken out before it is four months old, that is, before the soul has entered its body or after that.

Q1226: If it is diagnosed by a physician that leaving the fetus in the mother's womb would cause the death of the mother, then please explain:

1- Is it permissible to destroy the fetus in the mother's womb in order to save the mother's life?

2- Is it permissible to leave the mother in her condition in order to save the fetus while leaving the mother to die?

3- What will the ruling be if it is likely that leaving the mother in her condition should entail the death of both the mother and the fetus?

A: 1and2- If the existence of the fetus should cause the death of the mother, such as a case where an illness can contaminate and kill the mother, in order to save the mother, and on condition that abortion is the only possible way to do so, the mother is allowed to abort the fetus, even after the soul has entered its body.

3- If leaving the fetus in the mother's womb should cause both the mother and the fetus to die, an abortion which would save the life of the mother (even be it at the cost of the death of the fetus) is permissible and in this case it makes no difference whether or not the soul has entered the body of the fetus.

Q1227: What is the verdict on the abortion of a fetus after the soul has entered its body?

A: Killing and destroying the fetus after the soul has entered its body (after four months of age) is a case of murder and its blood money is payable in full; such an abortion cannot be considered as permissible and is forbidden, even though there should be doubt as to the death of the mother or the fetus and in neither of the two cases does there seem to be a preference and priority. However, in case the mother should be sick, she can undergo treatment, even if it may lead to the abortion of the fetus.

Q1228: According to the physician treating the case, the child will be born with an incurable lifelong handicap. Is it permissible to abort the fetus in such a case?

A: If the parents should become concerned about the future and the fate of their child based on the physician's predicaments, and if their concern and anguish is such that it leads to unbearable mental pressures, this would be a case of distress and constriction where abortion cannot be deemed illegal as long as it is done before the fetus is four months old; but after the fetus is four months old, abortion will be illegal and by no means permissible, since it is a case of murder.

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