Effect of the Variable of Marriage on the Reproductive Right in the Legal Systems of Islam, the United Kingdom and the United States

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MOEINIFAR MOHADDESEH

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Journal Paper

Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2018 | Volume:5 | Issue:1 (15) Page(s): 149-176

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Title

Effect of the Variable of Marriage on the Reproductive Right in the Legal Systems of Islam, the United Kingdom and the United States

Author(s)

MOEINIFAR MOHADDESEH | Issue Writer Certificate

Keywords

Reproductive RightQ1

MarriageQ1

CelibacyQ1

DivorceQ1

DeathQ1

Dissolution of the MarriageQ2

Abstract

Childbearing and its related aspects is one of the issues that is of significance in the current Iranian society and one of the factor which influences it is Marriage. In addition, through the changes occurred in families and its relative collapse in western countries, the way of considering the issue of childbearing, while not losing its value and importance, has been highly different. The present study, through a descriptive-analytic approach, has attempted to answer the main question that what is the position of a variable such as Marriage in vindication of the Reproductive Right of human in Islamic, UK and US legal systems? The results of this research demonstrate that in Islamic law, Marriage is an important factor in vindicating the human Reproductive Right, so the singles cannot do so without it and even after the dissolution of Marriage due to various causes like Death, Divorce, termination, apostasy etc., this vindication is limited and only in certain situations is permissible. However, in British law it is subject to the written permission of the husband and in US law, after the Death of the husband, the wife can use his sperm for childbearing unlimitedly and give birth to a child in this way. The significance of this matter is illustrated when the rights of babies and children is the case. From the Islamic point of view, parentage as a basic and essential right can guarantee the other rights of the child, and if this right cannot be proven, then it would not be easy to talk about other rights of the child.

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APA: Copy

MOEINIFAR, MOHADDESEH. (2018). Effect of the Variable of Marriage on the Reproductive Right in the Legal Systems of Islam, the United Kingdom and the United States. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 5(1 (15) ), 149-176. SID. https://sid.ir/paper/262103/en

Vancouver: Copy

MOEINIFAR MOHADDESEH. Effect of the Variable of Marriage on the Reproductive Right in the Legal Systems of Islam, the United Kingdom and the United States. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2018;5(1 (15) ):149-176. Available from: https://sid.ir/paper/262103/en

IEEE: Copy

MOHADDESEH MOEINIFAR, “Effect of the Variable of Marriage on the Reproductive Right in the Legal Systems of Islam, the United Kingdom and the United States,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 5, no. 1 (15) , pp. 149–176, 2018, [Online]. Available: https://sid.ir/paper/262103/en

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