The Islamic Shar'a position From Determining the New Born Child Gender/ Islamic Shar'a Aims in Maintaining the Family Reproductive Health

This research presents the interests of the Sharia in the subject of reproductive health in general. It also devotes a special chapter for the position of the Sharia on the phenomenon of the determination of the sex of the fetus which has become a modern discovery that is worthy of study and research in terms of legitimacy. The significance of this study lies in the fact that the Muslim family faces several reproductive health problems which are different in their causes and treatment. This study explains how to avoid or reduce these reproductive problems. It also highlights their importance taking into consideration the wide controversy that is caused by the phenomenon of determining the sex of the fetus in terms of legitimacy and illegitimacy. In addition, the study presents the advantages of this phenomenon in terms of reducing the family disputes the may take place over having children with one sex. The researcher compiled this study from the books that studied the interest of Islam in the woman health and in a community that is safe of disabilities and pests that impair its structure. This study was also compiled from the recommendations of the jurisprudential conferences which discussed the phenomenon of determining the sex of the fetus in terms of legitimacy and illegitimacy. The findings of the study were: - Islamic Sharia ( Law) urges people to marry and makes it the only way to chastity and to increase the number of offspring which is considered one of the most important purposes of marriage. - Marriage has led to great benefits for man and community. It also achieved social and human benefits by preserving the human race, ensuring rights and achieving psychological stability for all family members. - Islam has protects the offspring on the psychological, health and educational levels and urges man to choose a good and fertile wife. It also forbids the birth prevention and abortion without a legitimate acceptable reason. - Islam called on to abide by the terms of reproductive health to achieve the level of health that ensures the protection of family members from various diseases and disabilities. - It is important to conduct the necessary medical tests before marriage in order to make sure that there are no diseases that affect the marital life negatively with the need to follow certain regulations when conducting this test. - Islam doesn’t specify a certain age for woman’s marriage as long as she has the physical and psychological potentials that enable her to perform the duties of marriage. - I t is preferred to avoid consanguineous marriage in order to reduce the proportion of genetic diseases and maintain relations between families. - Reproduction is one of the most important purposes of marriage; therefore, the problem of infertility in general has a negative impact on family relations and the stability of society. Therefore, Islam authorizes various methods for the treatment of infertility such as external and internal insemination as long as it doesn’t lead to sperm confusion. - The presence of the handicapped within the family causes an increase in social and psychological pressure on the family as a whole. However, Islam views the handicapped as a human being whose rights and existence should be respected. - If the family has no males, this means that it will face social, economic and psychological burdens. This is a realistic view that doesn’t diminish the value of women or their place in society. - There are various reasons behind the idea of sex selection. These reasons might be economic, social or medical. - Medically, there are natural and artificial methods for the determination of the sex of the fetus. - The process of determining the sex of the fetus is considered as a matter of taking the means which doesn’t conflict with divine will, if exercised through legitimate means. - Contemporary scholars agreed on the permissibility of the determination the sex of the fetus in order to avoid a genetic disease. - Some contemporary scholars authorize the determination the sex of the fetus if the methods used to do so are acceptable from the viewpoint of Islam, while others do not authorize it at all.