Document Type : .
Authors
1
PhD Student Department of Fiqh and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Associate Professor Department of Fiqh and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
Background and Aim: In order to solve the problem of infertility, many treatment methods are used today, including egg donation. Modern fertility methods, however, have many jurisprudential, legal, and ethical aspects that have always been the subject of debate. In this paper, an attempt is made to jurisprudentially investigate the purchase and sale, and more precisely, commercialization of egg donation.
Materials and Methods: This paper is descriptive and analytical and library method is used.
Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness are observed.
Results: Findings of the research indicate that based on the inference from the point of view of jurists, there is a disagreement in jurisprudence regarding the purchase and sale of eggs. The conflict with the principle of human dignity, the lack of ownership relationship between the individual and the egg, and the lack of customary ownership are some of the reasons for opposing the purchase and sale of eggs. Rules such as the principle of man's sovereignty over himself, removing distress and constriction in the lives of some couples, the necessity of doing good deeds, and the presumption of innocence can also be cited as reasons for agreement.
Conclusion: The reasons for agreement are not considered to mean the acceptance of egg commercialization. In fact, egg transfer is accepted and defensible in the form of donation, which is different from what commercialization suggests. Egg donation is an intermediate solution between the absolute prohibition of egg transfer on the one hand and the permission to buy, sell, and commercialize eggs on the other hand. In this intermediate solution, both the issue of distress and constriction is resolved and buying and selling does not take place in the sense of commercialization, which violates the principle of human dignity.
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