Impact of Contemporary Medical Issues in the Light of the Science of Obligations: A Comparative Jurisprudential Study

Document Type : Original Article

Author

مدرس الفقه بقسم الدراسات الإسلامية - کلية الآداب - جامعة جنوب الوادي

Abstract

Significance of this study stems from the fact that Islamic Sharia is valid for all times and places, and that it keeps pace with all developments that occur in human life in all fields such as medicine, technology, and other matters. In addition, the validity of Sharia law is manifested through its treatment of these issues and in finding solutions for such issues.
This study tackles contemporary jurisprudential and medical issues related to the science of inheritance, through an analytical, descriptive, inductive approach and through  jurisprudential events or medical and jurisprudential developments, in which religious scholars exerted their full mental and scientific abilities. Such religious scholars tried  hard to touch upon the aspects of divine guidance in them. Since medicine (ancient and modern) has had the most prominent role in the subject of this study, This dissertation is titled "The Impact of Contemporary Medical Issues in the Light of the Science of Obligations: A Jurisprudential Study". Moreover, because of the prominent development that medicine has achieved in its research and tools, it has had a significant impact in determining inheritance in these calamities. The researcher has tried hard to extrapolate each issue through the books and opinions of early and late jurists. This is in addition to making comparisons between these opinions and the weighting when there is a basis for weighting, along with an exposure to the position of the Egyptian inheritance law where it exists.
Therefore, the research was divided into an introduction, a preface, seven sections, and a conclusion. The introduction was devoted to introducing, and defining the science of religious obligations or inheritance. As for the sections, they are concerned with explaining the issues of the science of religious duties in light of medical developments and scientific development. The first section was titled: The impact of contemporary medicine on the eligibility of pregnancy for inheritance. The second section is titled: Artificial insemination and its effect on the inheritance of the fetus. The third topic is titled: The processes of determining the sex of the fetus and its effect on the inheritance. The fourth topic is titled: Surrogacy operations and its effect on the inheritance of the pregnancy. The fifth section is titled: The effect of scientific and medical development on the inheritance of a hermaphrodite. The sixth topic is titled: Sex conversion or change operations and their impact on the inheritance of the convert. Finally, the seventh section is titled: death of the brain or brainstem and its effect on inheritance.
 

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