الحق في الإنجاب (دراسة مقارنة بالفقه الاسلامي)

The right to procreation (a comparative study of Islamic jurisprudence

The topic of our research on the right to procreation (a comparative study in Islamic jurisprudence) is summarized in two cases, which we will explain through the following:
Firstly: – Childbearing has a great role in the continuation of human offspring, otherwise humanity may be exposed to extinction, so this right must be observed by following several methods, the most important of which is legalizing marriage by legitimate means and avoiding adultery and the like, and the comparable legislation, including the Iraqi legislation, has not been addressed. This right is either in terms of concepts or judgments, but Muslim jurists have made it clear that either through explicit texts or by referring to the general rules in the sources of legal ruling represented by the Qur’an and the noble Prophet’s Sunnah.
Second: – The conditioning of this right differs in it, as some went on to say that it is a pure right for the husband, and with this, if the husband wanted to give birth, and if he did not want to use this right, he was able to use the contraindications to childbearing, whether related to sterilization or abortion, but some others went to adapt this right That it concerns the husband and wife, and the nation is also involved in procreation in order to preserve the offspring, and all the above is related to permissibility and prevention. There are those who authorized the use of permanent or temporary contraceptives, and this is what we do not recommend because it will expose the human race to extinction as we have previously explained, and there are those who went to the contrary by saying The impediments to childbearing are limited to certain cases or when necessary and the issue of necessity remains to be appreciated by the specialized Muslim jurists, and that all these opinions are supported by the jurisprudential inferences inspired by the Noble Qur’an and the noble Prophet’s Sunnah