ملخص رسالة حيدر حسين

Abstract

 

   The lack of child-bearing, it is one of the problems that the scientific development has found solutions in light of the modern in the field of Reproductive Medicine, which revived the hopes of many couples who were beaten in giving birth to offspring that earning children of through reproductive technologies Medical Assistant which is the most important ramifications of artificial insemination (internal and external).  This helped the success of the techniques of freezing and conservation to retain seed genital (masculine and feminine) a long period of time and then make the process of fertilization or implantation, and then open the doors wide to go in the scope of reproduction to the ranges beyond the conduct of fertilization transplantation or during the life of the pair stretch toward conducted after his death or the death of the wife, and even after the occurrence of the band between marital fertility is known as the subsequent dissolution of the marriage bond.                                           

                                                          

        It could be claimed whatever the case is, the technique fertilization subsequent considered one of the images of modern technology artificial insemination and that have been made successfully in the decade before the last of the last century. This became a way to regain whereby widows memory of their spouses reproduction of sperms saved in one of the centers of conservation known banks sperm and embryos and then commemoration of the husband his implemented as recommended of the problems that found the solutions in light of the scientific development of the modern in the field of reproductive Medicine, which revived the hopes of many couples who were beaten in giving birth to offspring that children of through reproductive technologies Medical Assistant and that of the most important ramifications of artificial insemination (internal and external). has helped the success of the techniques of freezing and conservation to retain seed genitalia (male and female) for a long time and then a process of fertilization or implantation, and then open the doors wide to go in the range procreation to ranges beyond the conduct of fertilization or implantation during the life of the pair stretch toward conducted after his death or the death of the wife, and even after the occurrence of the band between marital fertility is known as the subsequent dissolution of the marriage bond .                                                                                                 

          The main goal, which revolve around this study is to demonstrate the possibility of scientific medical point of a freeze on the seed genital human range of time and then make the process of fertilization them and find births was originally being frozen, and then indicate how acceptable this work, both religious and legal.                                                          

         Undoubtedly it seems to be resorting to a fertility subsequent dissolution of the marriage bond strange as how a man and a woman thinking about having born after the death of one of them, or after the occurrence of the band between them and they can do so in the course of the continuation of married life, has said that these suspicions may melt if we know that there is reason to do so.                                                        

         Perhaps one of the goals that the researcher seeks to discuss is a statement of legal judgment and legal framework for these processes in front of their novelty and not yet in the eyes of many researchers of the elementary issues on the grounds that it took place in the West on accep spending but this cannot be as an argument for the reluctance to search for these true as long as the Shariah ranges wider than the narrow scope of ideas humans in specific times. In addition, the possibility of spread in the Islamic and Arab country with a very large spread of what is known as sperm banks and embryos, but actually extended the impact of such operations on some Arab countries.                                                          

 

        There is no doubt in the survey legal judgment and legal framework for all the problems that we presented earlier is very search with a note that the course idiosyncratic, both Islamic and legal that was the subject of judgment and horizontal to another, the course Legislative hesitation between the countries of organized operations of childbearing assistant on various denominations,and indicated the organization operations fertilization subsequent,either leave or embargo,and countries overlooked that and frequency opinion regarding the permissibility of such operations between the ban and leave according to the general rules in the legislation of those countries. Perhaps the statement of the rule of these processes and their implications in light of the general rules in Iraqi legislation seems to be important to demonstrate the universality these rules and dams to what can be said of the emergence of gaps in front of the lack of legal regulation of artificial fertilization operations generally and subsequent fertility in particular .                                                            

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       We decided to split this search into parts p: We have studied in the first part the general principles of fertilization artificial subsequent dissolution of the marriage bond and chapter discussed into two chapter: the first whereas the second the concept of artificial insemination subsequent dissolution of the marriage bond, while the second chapter divided into the legality of artificial insemination subsequent dissolution of the marriage bond. The second section the provisions of fertilization Artificial subsequent dissolution of the marriage bond and into two classes: first chapter discussed the value of legal legitimacy to hold your fertilization later, either Chapter II the second section dictated for Problems of fertilization subsequent in matters of personal status and to into two sections: the first, we dealt with the problematic prove descent

 

     . The research concluded conclusion, represent a codification of the most important findings from the research, and a presentation of the most important proposals.                                                                                    

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