Contemporary Issues in Lineage

Abstract

This study deals with: the definition of the incident as well as the definition of lineage, as I studied some contemporary issues related to lineage that were not addressed by the ancient jurists, due to their non-existence in their era. Therefore, I studied three contemporary incidents, The first issue: The ruling on establishing lineage through artificial insemination after the husband’s death. I mentioned the concept of this issue, and the difference between whether this insemination occurred during the woman’s waiting period from her husband or after the waiting period ended, and I touched upon the ruling on the two previous cases. Then I mentioned the statements of the jurists regarding the establishment of the lineage of this child who was conceived in his mother’s womb after the death of his father. Then I moved on to the second issue: the issue of surrogacy. I described this issue and gave a clear conception of it. Then I returned to the texts of the ancient jurists to find an origin for this issue. I found some jurists who spoke about the issue of a woman inserting a man’s semen, then I adapted this issue from a jurisprudential perspective, and I mentioned the opinions of contemporary scholars regarding the ruling on forms of renting a woman’s womb, with discussion and preference between the opinions. Then I moved on to study the third issue, which is: the issue of giving precedence to genetic fingerprinting over cursing when denying lineage. I defined and described fingerprinting medically, then I mentioned the jurisprudential ruling on the permissibility of giving precedence to genetic fingerprinting over cursing. This study included two aspects:

The first aspect: The ruling on the previous cases regarding permissibility and prohibition, and whether the child's lineage is established based on the previous cases.