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Fetal sex selection: an appraisal of ethicality debate in contemporary Islamic family law

Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas (2018) Fetal sex selection: an appraisal of ethicality debate in contemporary Islamic family law. Al Mashalih-Journal of Islamic Law, 1 (2). pp. 26-35.

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Abstract

Assisted Reproductive Technology continues to create numerous possibilities to improve health and overcome serility. In consequence, in term of socio-cultural implciations, it is poised to create new life styles by challenging a plethora of traditional beliefs and norms about human procreation including the sex formation of a baby in natural way. In this context, the use of Intra-Uterine Insemination(IUI) for sex selection and the invention of preimplantation genetic diagnostic(PGD through In vitro Fertilization(IVT have proven revolutionary not only to obviate the birth of children with fatal sex linked diseases but to help people to predetermine the sex of their babies. As to how contemporary Muslim jurists have endeavoured to reconncile ethic-legal norms of Islamic view of human procreation with such technological intervention in the process of human procreation, the discourse in Sunni Islamic law tends to present some ethical dilemmas. It is candidly clear from a host of ethical queries which ethicians raise about ethicality of sexing from larger Shari`ah perspective. Accordingly, this paper by applying qualitative method of analysis concludes that adoption of a flux legalistic view on fetal sex selection is incosisttent with the divine purpose of human procreation except if warranted by restrictively defined medical reason.

Item Type: Article (Journal)
Additional Information: 3049/69138
Uncontrolled Keywords: ethicality debate, fetal sex selection, Sunni Islamic family law
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
Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User: Prof. Sayed Sikandar Shah Haneef
Date Deposited: 04 Jan 2019 09:26
Last Modified: 04 Jan 2019 09:26
URI: http://irep.iium.edu.my/id/eprint/69138

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