Abstract

The medical - biological reality - witnessed a series of mutations at the levels of predictive medicine and hospital medicine, and these developments were accompanied by responses of varying speed and method of organization among legal legislators in the world, some of them went along with it, and some of them kept reading it from a distance. After the completion of the activities of assisted fertilization techniques or during them, especially external fertilization, the embryos may find their way to the uterus directly, or their transfer or implantation may be postponed for a time that may be long or short, as the spouses may agree to freeze the fertilized eggs (embryos) in banks Preservation, so the embryos are subject to the techniques of transfer, preservation and implantation, each of which may have an impact on the continuation or integration of the embryo. Therefore, we will focus in this regard on the technology of transferring embryos and implanting them in the uterus and the problems faced by this technology. The hypothesis of the research will focus on a basic pillar, which is that embryos are nothing, as others imagine, and are not an incomplete creation without full humans, as others see it, but rather it is an age stage that any human being goes through, such as the stage of childhood, the stage of youth, and the stage of old age, and we will prove This hypothesis is carried out by various means, including textual and non-textual means. The issue of human rights will be prominent in all aspects of the research. In this research, reference will be made to some European and American constitutional, legislative and international texts. Among the problems that have emerged as a result of the biological revolution in the field of using fertilized vaccines outside the womb is entering into the framework of trafficking for the purpose of illegal gain, and their circulation in a way that does not depart from the circulation of money in criminal human markets, or through black market gangs, and also the uses of these vaccines in a way Illegal gangs deviated from the field for which it was allocated, or for which the legality of artificial insemination or fertilization of human insemination was decided to fertilize them outside the womb under pressure, coercion or coercion. The research was divided into three demands, as follows: First: Criminal responsibility for trafficking in fertilized eggs outside the womb. Second: Criminal responsibility for the illegal use of fertilized human insemination outside the womb. Third: criminal responsibility for destroying the surplus fertilized egg outside the womb. References First - General legal references: Hassan Muhammad Rabie, Explanation of the Federal Penal Code - General Principles of Crime, Dar Al-Nahda Al-Arabiya, Cairo, 1993. Khalifa Rashid Al-Shaali, Explanation of the UAE Penal Code - The General Theory of Crime, 3rd Edition, Wael Publishing House, Amman, 2010 AD. Sherif Sayed Kamel, Federal Penal Code - General Section - General Theory of Crime, University Library, Sharjah, 2009. Abdel Razek Al Muwafi, The Federal Penal Code of the UAE, Dubai Judicial Institute, 2010. Ali Hammouda, Explanation of the General Provisions of the Federal Penal Code, Dubai Police Academy, 2008. Second - Specialized legal references: Ahmed Hossam Tammam, Criminal Responsibility for Genetic Engineering in the Human Race, General Egyptian Book Organization, Cairo, 2006 AD. Ahmed Abu Khatwa, Criminal Law and Modern Medicine, Dar Al-Nahda Al-Arabiya, Cairo, 1996 AD. Ismail Ghazi, Human Medical Banks and their Jurisprudence, Dar Al-Jawzi, Riyadh, 1429 AH. Islam Muhammad Zain Al-Abidin, Scope of Criminal Protection for the Fertilized Egg outside the Womb, University Office, Alexandria, 2018. Ashraf Tawfiq Shams El-Din, Genetics and Criminal Protection of the Fetus in the Light of Islamic Sharia and Positive Law, Dar Al-Nahda Al-Arabiya, Cairo, 2006 AD. Amira Adly Khaled, Criminal Protection of the Fetus in Light of New Technologies, Dar Al Fikr Al Jamia, Alexandria, 2008. Amir Farag, Judgments of Liability for Medical Crimes, Modern Arab Office, Cairo, 2006 AD. Iyad Ahmed Ibrahim, Genetic Engineering Opinions between the Data of Science and the Controls of Sharia, Dar Al-Fath, Amman, 2008. Belhaj Al-Arabi, Judgments of Medical Experiments on Humans in the Light of Sharia and Contemporary Medical Laws, Dar Al Thaqafa for Publishing, Amman, 2012 AD. Hatem Amin Ubadah, Control of the gender of the fetus between medical theories and legal rulings, a comparative study, Dar Al Fikr Al Jamia, Alexandria, 2010. Hassan Muhammad Rabie, Abortion in the view of the criminal legislator, a comparative study, Dar Al-Nahda Al-Arabiya, Cairo, 1998 AD. Khalil Ibrahim, Fetal Rights in Sharia and Law, Dar Al-Nahda Al-Arabiya, Cairo, 2012. Rehab Ibrahim Farid, Criminal Protection of Embryos, Dar Al-Nahda Al-Arabiya, Cairo, 2013. Ziad Sobhi Diab, Contemporary Medical Issues in the Light of Islamic Sharia and Positive Law, Arab Book House, Beirut, 2005 AD. Shaalan Suleiman Muhammad, Scope of Criminal Protection for Modern Medical Technical Works, House of Culture for Publishing, Amman, 2002 AD. Saleh Al-Bashir, Criminal Protection of the Fetus in the Light of Modern Medical Practices, Diwan of University Publications, Algeria, 2012. Amer Ahmad Al-Qaisi, Problems of Medical Liability Resulting from Artificial Insemination, Dar Al-Thaqafa Publishing, Amman, 2001. Abdel Nasser Abu Al-Basal, Genetic Engineering from a Legitimate Perspective within Contemporary Medical Issues, Al-Diaa Publishing House, Amman, 2008. Muhammad Naim Yassin, Jurisprudential Research on Contemporary Medical Issues, Dar Al-Nafaes Publishing, Amman, 1998 AD. Mahmoud Ali Al-Sartawi, The Responsibility of the Doctor in Islamic Sharia and Positive Law, Dar Al-Fikr, Beirut, 1995. Third - magazines, publications and periodicals: Ziad Tariq Al-Jubouri, Choosing the gender of the fetus between Sharia and medicine, Anbar University Journal for Human Sciences, Sixth Year, Volume Six, Issue Twenty-Third, April 2017. Muhammad Abdul Hamid, The fetus between scientific practices and biotechnology, Journal of Science and Technology, No. 53, Riyadh, 1429 AH. Yogesh Hole et al 2019 J. Phys.: Conf. Ser. 1362 012121

Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call