The paradox of legality-vis-à-vis morality in contemporary Islamic law: an analysis of the Sunni legal debate on sex selection

Haneef, Sayed Sikandar Shah (2017) The paradox of legality-vis-à-vis morality in contemporary Islamic law: an analysis of the Sunni legal debate on sex selection. Shariah Law Reports, 3. pp. 1-14. ISSN 1985-4250

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Abstract

This paper discusses the issue of dislocation of morality from legality in the predominant jursitci legal stand on sex selection among the contemporary Sunni Muslim legists. Similar to Western divide between positivist school and natural law advocates on the legality of some biomedical issues, such as stem cell research, it is puzzling that Muslim jurists of our age also have contested positions on a host of biomedical issues, such as fetal sex selection. Vast majority legard it as legitimate with minimum restriction while dissenting voices see it as immoral and hence legally unlawful. This paper, however, argues that had supporters reflected more on numerous ethical questions which surround the procedure and consequences of medical sex selection , they would have come to a more morally sensitive legal verdict.

Item Type:	Article (Journal)
Additional Information:	3049/58920
Uncontrolled Keywords:	ethical analysis, paradox, Sunni, sex selection
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	30 Oct 2017 11:05
Last Modified:	19 Mar 2018 10:10
URI:	http://irep.iium.edu.my/id/eprint/58920

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