The Ruling on Preventing Childbearing in The Presence of a Hereditary Disease: A Comparative Jurisprudential Study 10.35781/1637-000-121-002

Abstract

The research deals with the issue of childbearing in the presence of a genetic disease through a comparative jurisprudential study. The research answers the following questions: What is the ruling on aborting a fetus if its genetics are similar to those of its disabled siblings? What is the ruling on birth control due to the possibility of giving birth to children with a genetic disease? What is the ruling on preventing childbearing due to genetic diseases? The research adopted two approaches: inductive and analytical, by describing the issue, clarifying the point of dispute, and presenting the opinions of scholars on this jurisprudential issue, with preference for the most plausible opinion. The research aims to: clarify the ruling on aborting a fetus if its genetics are similar to those of its disabled siblings; the ruling on birth control due to the possibility of giving birth to children with a genetic disease; and clarify the ruling on preventing childbearing due to genetic diseases. Among the most important findings of this research is that aborting a fetus whose genetics are similar to those of its disabled siblings is prohibited unless there is a necessity that necessitates the abortion. Birth control for the possibility of giving birth to children with a genetic disease is prohibited unless there is a necessity, as the possibility of giving birth to children with a genetic disease is a speculative possibility, not a definitive one. Preventing childbearing due to genetic diseases is permissible, provided that there is a necessity that necessitates it.