Ownership and Sale of Gamete

Subject Areas : All jurisprudential issues

Rahmat Farahzadi ¹

1 - عضو هیئت علمی گروه الهیات و معارف اسلامی، واحد شهرری، دانشگاه آزاد اسلامی، تهران، ایران

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2009-03-21

Keywords: gamete, Ownership, Profit, Sale, organs, ritually impure&#x0D, &#x0D, object,

Abstract :

Obtaining gamete and its transfer through auxiliary ways ininsemination and fertilization is one of the new arising issueslinking medical technologies with jurisprudence, ethics,psychology, sociology, etc. Gamete as one of the benefits of genitalorgans is the principal element in producing human being.Therefore, transfer of gamete is an ethical, jurisprudential, and legalissue more than being a merely medical and scientific one.The transfer of gamete, although done out of reasonable and humangoals and motives, it may face serious challenges due to itsaffiliation with the owners, its special rules, and its legal andreligious consequences in various aspects. In case of presumption ofreasonable and legitimate benefits, separable benefits such asblood, hair, marrow, semen, and its products are capable ofownership and their sale would be valid. Considering the elementsof time and space in changing the usage of the ritually impureobjects is of high importance. Being ritually impure does not haverelevance in the prohibition of sale , nor is of the sufficient cause ofthe prohibition. Capability of an object to be owned depends on itslawful intended profits. Nowadays the reasonable profits of gameteis proven. However, according to divine law, the child born ofgamete is affiliated to the father and this right is not susceptible towaiving. Therefore, gamete lacks some of the essential elements ofproperty and thus lacks the qualifications of transaction.