Publication Date:
2025
abstract:
In recent decades, medical science has offered ever more advanced assisted reproductive techniques that can provide access to parenthood for people who would otherwise be excluded. The rapid development of such techniques has (also) raised 'new' questions in the field of religious rights, not least Islamic ones.
This research will begin with some preliminary reflections on the role of procreation within the Islamic family, to understand its relevance within the broader framework of religious precepts. It also provides a summary description of the so-called traditional remedies provided by Islamic family law in cases of infertility or sterility. The overall rationale governing such remedies has enabled Islamic doctrine to define certain functional principles that have become paradigms for the legitimacy of medically assisted reproductive techniques. Finally, the analysis considers the possibility that the various reproductive techniques may fall within the cases provided for by Islamic law, devoting some final reflections to post-mortem procreation, which is currently the subject of extensive (not only religious) debate.
This research will begin with some preliminary reflections on the role of procreation within the Islamic family, to understand its relevance within the broader framework of religious precepts. It also provides a summary description of the so-called traditional remedies provided by Islamic family law in cases of infertility or sterility. The overall rationale governing such remedies has enabled Islamic doctrine to define certain functional principles that have become paradigms for the legitimacy of medically assisted reproductive techniques. Finally, the analysis considers the possibility that the various reproductive techniques may fall within the cases provided for by Islamic law, devoting some final reflections to post-mortem procreation, which is currently the subject of extensive (not only religious) debate.
Iris type:
Capitolo di Libro
Keywords:
Diritto di famiglia islamico, Filiazione, Tecniche di procreazione, Fecondazione post mortem.
List of contributors:
Cupri, Alessandro
Book title:
Famiglie e Immigrazione: sfide e prospettive interdisciplinari
Published in: