A CRITICAL ANALYSIS OF ARTIFICIAL HUMAN REPRODUCTION: AN ISLAMIC LAW PERSPECTIVE
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: FOOTNOTE / ENDNOTE
- Recommended for : Student Researchers
- NGN 3000
ABSTRACT
Reproductive rights attained recognition at the 1994 Cairo International Conference on Population and Development (ICPD) with the proclamation that reproductive rights embraces “the right to attain the highest standard of sexual and reproductive health and the right to make decisions on reproduction free from discrimination, coercion or violence” to the effect that women should be free to decide whether and when to have children, exercise their choices without coercion, and be able to obtain the best reproductive health care available, regardless of their personal circumstances. Reproductive rights therefore, has generated intense discourse and ignited controversies that really seem to dissect all human endeavours. Muslim as an integral part of this discourse have had recourse to Islamic Law to show how it differs from these so-called reproductive rights as enshrined in the various conventions especially the use of artificial methods in human reproduction as they affect the rights and responsibilities between the parents and the resulting child. This research work is particularly concerned with the right to reproductive self-determination especially as represented by the concept of Assisted Reproductive Technology (ART) which is methods used via scientifically assisted means of possessing progeny. However, the principal aim of this study is to analyze the Islamic perspective to ART and doctrinal methodology was adopted in the study. Thus, study has attempted an analysis on the concept of Artificial Human Reproduction (AHR) with particular reference to its legal position in Islamic law. It has been highlighted that only certain artificial human reproduction methods can lawfully stand under Islamic law, i.e., artificial insemination and in-vitro fertilization on condition that they are to be used as a form of infertility treatment. Thus, Islamic law has provided for the need as well as the legality of employing ART to cure infertility ailment. The study found that ART methods have challenged the traditional notion of the family. They assault the meaning of parenthood by transforming procreation into reproduction and manufacturing of children. These techniques bring about the problem of legitimacy (Nasaba) of the resulting child, right to inheritance (waratha) and maintenance (nafaqa), custody (hadhana) and fosterage (radha’a) - all of which arise out of kinship or legitimate relations. In view of the legal challenges posed by ART, it has been opined that certain methods such as surrogacy could cause confusion under Islamic law as to the determination of the rights of the child towards its parent and the corresponding responsibilities of the parents towards their children respectively. Consequently, it has been amply recommended that as far Islamic law is concerned, couples are not on a freelance of their own to seek to alleviate their infertility problem by all means possible through surrogacy but regard must be heard to the established principles of the sharia on the integrity of the institution of marriage. Thus, neither the contractual agreement of the couples nor the wishes of the parties to procreate artificially could be allowed to alter the established principles of the sharia on the preservation of lineage just to satisfy infertility grief
Related Project Materials
INDEPENDENCE OF AUDITORS AND RELIABILITY OF FINANCIAL REPORTS IN BANKING INDUSTRY
ABSTRACT
There has been celebrated cases of corporate frauds and fina...
TECHNOLOGY ADOPTION AND ITS IMPACT ON FIDUCIARY ACCOUNTING PRACTICES
TECHNOLOGY ADOPTION AND ITS IMPACT ON FIDUCIARY ACCOUNTING PRACTICES
This study aims to (1) assess the level of technolo...
EMPLOYEE COMMITMENT AND ORGANIZATIONAL PERFORMANCE: OPTIONS FOR IMPROVEMENT
Background of the Study
Today it becomes necessary for every organization to have full level of its emp...
LIQUIDITY MANAGEMENT IN BANKS: A STUDY OF SELECTED COMMERCIAL BANKS IN NIGERIA (2000-2009)
ABSTRACT
This study sought to examine the challenges of Liquidity Management in Nigeria’s...
AN EXAMINATION OF THE IMPACT OF NIGERIAN CORPORATE TAX LAW ON INVESTMENT PROMOTION
ABSTRACT
Companies Income Tax Act (CITA) is the main legislation that governs the taxation of corporations in Nigeria. About one trillion...
SURVEY OF THE EFFECT OF MOTIVATION ON JOB PERFORMANCE OF SECRETARIES
ABSTRACT
The field of motivation is a very wide one. However, the researchers set out to see how motivation works in a m...
EFFECT OF FAULTY DESIGN AND CONSTRUCTION ON BUILDING MAINTENANCE (CASE STUDY OF AFDIN AND MOTHER CAT CONSTRUCTION COMPANIES IN KADUNA STATE)
ABSTRACT
The study examined the effects of faulty design and construction on the maintenance of buildin...
EFFICIENCY OF THE ELECTRONIC TAX SYSTEM, TAX COMPLIANCE, AND REVENUE COLLECTION
ABSTRACT
This study examine the efficiency of the electronic tax system, tax compliance, and revenue co...
INTERNATIONAL MIGRATION AND THE STUDY OF SOCIO-ECONOMIC DEVELOPMENT IN NIGERIA: THE ROLE OF NIGERIAN IMMIGRATION SERVICE
ABSTRACT
The study examines the duties of the Nigerian Immigration Service (NIS) revealing that the above mentioned agency has the capaci...
IMPROVING TAX AUDIT AND INVESTIGATION IN NIGERIA
ABSTRACT
The study focused on improving tax audit and investigation using Federal Inland Revenue Service (...
