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The future of human reproduction; a 21st century phenomenon. A legal, theological and philosophical analysis.
[Thesis]. Manchester, UK: The University of Manchester; 2016.
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Abstract
The University of ManchesterDoctoral Programme in Bioethics and Medical JurisprudenceTariq Mahmood – 21 December 2015This thesis seeks to examine various reproductive technologies whether old or new and draws conclusion from the legal, theological and philosophical perspective. My analysis starts by considering and is centred upon the Islamic perspective. The advancement of science and technology has brought many complex challenges to the modern world. I will argue that Islam is not a stagnant religion but a religion for all ages and all times. Islam has a solution to complex medical problems through the means of ‘Fatwa’s’ (Islamic legal ruling). The spirit of Islam should be the guiding force in assessing whether a certain treatment or advancement in medicine is permissible or not. It is important for medical practitioners to be religiously and culturally aware of the issues and the conundrum that many couples face when deciding whether a certain treatment is permissible within Islam or not. English Law has seen a change in the mind set of the judiciary but still when it comes to the question of surrogacy it seems that there are numerous logistical difficulties. In a world of social media it seems that a lot more agreements are done via the Internet without the individual couple considering the legal implications but rather using raw emotion to make decisions, which may ultimately be detrimental to them and the child. In my analysis from the Legal Perspective, I argue that the Judiciary needs to react more quickly to the advancement of new reproductive technologies.The Philosophical analysis considers the various reproductive technologies, in light of the bioethical principles. IVF is considered to be the least problematic option within my analysis, whereas surrogacy is the most problematic. It may be a matter of time as generations pass; moral attitudes may change the way we think on the question of surrogacy. The western world is coming to terms with gay marriages and a time may come where surrogacy can be a simple solution without the emotional attachment.