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To be or not to be: are cryopreserved embryos protected under the sharīʿah?

One of the main aims of the Sharīʿah (Maqāṣid al-Sharīʿah) is the protection of human life (Hifz al-Nafs). Advances in medical science have similar aims and have created technology to assist infertile couples to overcome their infertility. One of the technologies developed to further simplify this p...

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Main Authors: Zawawi, Majdah, Hussain, Bilal
Format: Article
Language:English
Published: USIM Press 2024
Subjects:
K Law (General)
KBP Islamic Law
KPG Malaysia
Online Access:http://irep.iium.edu.my/113388/13/113388_To%20be%20or%20not%20to%20be.pdf
http://irep.iium.edu.my/113388/
https://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/705/383
https://doi.org/10.33102/mjsl.vol12no2.705
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spelling my.iium.irep.1133882024-09-18T01:15:50Z http://irep.iium.edu.my/113388/ To be or not to be: are cryopreserved embryos protected under the sharīʿah? Zawawi, Majdah Hussain, Bilal K Law (General) KBP Islamic Law KPG Malaysia One of the main aims of the Sharīʿah (Maqāṣid al-Sharīʿah) is the protection of human life (Hifz al-Nafs). Advances in medical science have similar aims and have created technology to assist infertile couples to overcome their infertility. One of the technologies developed to further simplify this process is the ability to freeze excess embryos to be stored through cryopreservation that enables these embryos to be stored for long periods of time. This technology allows infertile couples to use these embryos when they opt for treatment not only once but several times. Despite this its benefits, the cryopreservation of embryos could bring about several legal issues. This study focuses on the legal status of cryopreserved embryos in two situations. The first is in the event of divorce between the parties and the second is in the event of death of one or both of the parties. The main concern in these two situations is does the couple have full authority to decide what happens to their embryos, even to the extent of allowing them to perish? Are cryopreserved embryos protected under the Sharīʿah? Hence, this paper analyzes the sanctity of human embryos within the Sharīʿah and legal frameworks in selected Muslim countries, with particular emphasis on issues of right to life and their potential legal repercussions on human society. Through a comparative approach, this paper aims to shed light on the ethico-legal complexities surrounding cryopreserved human embryos under the Sharīʿah. USIM Press 2024-08-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/113388/13/113388_To%20be%20or%20not%20to%20be.pdf Zawawi, Majdah and Hussain, Bilal (2024) To be or not to be: are cryopreserved embryos protected under the sharīʿah? Malayisan Kournal of Syariah and Law, 12 (2). pp. 324-333. ISSN 1985-7454 E-ISSN 2590-4396 https://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/705/383 https://doi.org/10.33102/mjsl.vol12no2.705
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
KBP Islamic Law
KPG Malaysia
spellingShingle K Law (General)
KBP Islamic Law
KPG Malaysia
Zawawi, Majdah
Hussain, Bilal
To be or not to be: are cryopreserved embryos protected under the sharīʿah?
description One of the main aims of the Sharīʿah (Maqāṣid al-Sharīʿah) is the protection of human life (Hifz al-Nafs). Advances in medical science have similar aims and have created technology to assist infertile couples to overcome their infertility. One of the technologies developed to further simplify this process is the ability to freeze excess embryos to be stored through cryopreservation that enables these embryos to be stored for long periods of time. This technology allows infertile couples to use these embryos when they opt for treatment not only once but several times. Despite this its benefits, the cryopreservation of embryos could bring about several legal issues. This study focuses on the legal status of cryopreserved embryos in two situations. The first is in the event of divorce between the parties and the second is in the event of death of one or both of the parties. The main concern in these two situations is does the couple have full authority to decide what happens to their embryos, even to the extent of allowing them to perish? Are cryopreserved embryos protected under the Sharīʿah? Hence, this paper analyzes the sanctity of human embryos within the Sharīʿah and legal frameworks in selected Muslim countries, with particular emphasis on issues of right to life and their potential legal repercussions on human society. Through a comparative approach, this paper aims to shed light on the ethico-legal complexities surrounding cryopreserved human embryos under the Sharīʿah.
format Article
author Zawawi, Majdah
Hussain, Bilal
author_facet Zawawi, Majdah
Hussain, Bilal
author_sort Zawawi, Majdah
title To be or not to be: are cryopreserved embryos protected under the sharīʿah?
title_short To be or not to be: are cryopreserved embryos protected under the sharīʿah?
title_full To be or not to be: are cryopreserved embryos protected under the sharīʿah?
title_fullStr To be or not to be: are cryopreserved embryos protected under the sharīʿah?
title_full_unstemmed To be or not to be: are cryopreserved embryos protected under the sharīʿah?
title_sort to be or not to be: are cryopreserved embryos protected under the sharīʿah?
publisher USIM Press
publishDate 2024
url http://irep.iium.edu.my/113388/13/113388_To%20be%20or%20not%20to%20be.pdf
http://irep.iium.edu.my/113388/
https://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/705/383
https://doi.org/10.33102/mjsl.vol12no2.705
_version_ 1811679614624333824
score 13.211869

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