إذْن الزَّوج في التدخّلات الطبّيّة المتعلِّقة برحم المرأة دراسةٌ فقهيّة نظاميّة

Abstract

Research Abstract

Praise be to God, Lord of the Worlds, and may blessings and peace be upon our Prophet Muhammad, and upon all his family and companions.

after that :

The goal of this research is to explain the ruling on the need of husband’s permission for medical interventions related to his wife’s womb, in jurisprudence and the regulations related to it. To reach this goal, the comparative inductive-deductive approach was used, so the research was organized into a preface that explains the meaning of permission and medical interventions, then the first topic: it explain the jurisprudential rooting of the husband’s right to give permission to his wife for treatment, then the second topic: the contemporary applications related to the husband’s permission. Among the results of the research were:

1 -The goal of the research is the ruling on a husband permitting his wife to perform procedures related to her womb, which would improve her health, prevent complications of her illness, or relieve her pain.

2 - The husband’s right to give permission to his wife for treatment is based on three main principles: the first: the wife’s right to treatment, the second: the husband’s right to his wife’s decision in the marital relationship, and the third: the husband’s obligation to give his wife permission for treatment.

3- The condition of the husband’s permission for his wife to receive treatment is valid in every medical case that does not reach the point of necessity for treatment, such as cesarean sections, but in this case his permission is not required.

Keywords: medical interventions, permission, artificial insemination, cesarean section, abortion.