The legality of the contract to determine the sex of the fetus

Section: RESEARCH
Published
Aug 4, 2025
Pages
1-30

Abstract

The parents may resort to a doctor to help them in identifying the gender of a certain child after their failure in making that with natural ways, so they make an agreement with a specialist to fulfil their wish for a certain wage. They may resort involuntarily to determine the sex of their fetus to avoid the transition of the hereditary disease to the baby. Thus the natural ways are eliciting religiously and legally, but the disagreement is the legality of the non-natural ways, but they could be eliciting if there are legal and religious conditions in order to achieve its family goal.

References

  1. - Hadith books:1. Abu Daoud Al-Sjassani Al-Azadi, Sunan Abi Dawad, C2, Dar Al-Hadith, Cairo, 1988.2. Mohammed bin Ismail Abu Abdullah al-Bukhari, the right mosque, the investigation of Dr. Mustafa Adib Al-Baja, Dar Ibn Katheer, Beirut, 1987.3. Musallam ibn al-Hajjaj Abu al-Husayn al-Qayshiri al-Nisaburi, Saheeh Muslim, investigation by Mohamed Fouad Abdel-Baqi, c 1, the house of revival of the Arab heritage, without a year of publication or printing.
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  4. Laws:1. The Iraqi Civil Code No. 40 of 1951.2. The Care of Minors Act No. 78 of 1980.
  5. References1- Language Books:1. Abu Al-Hussein Ahmed bin Fares bin Zakaria, Dictionary of Language Standards, investigation: Abdel Salam Haroun, C 1, Dar Al-Fikr, 1979.2. Abu al-Fadl Jamal al-Din Ibn Manzoor, San'a al-Arab, c 13, Dar Sader, Beirut.3. Ali bin Mohammed bin Ali, al-Jarjani Definitions, Dar al-Kitab al-Arabi, Beirut, 2002.
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