Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Mechanisms of the Iranian Criminal Justice System Regarding Medical Advancements (A Case Study: Artificial Insemination and Womb Renting)

Document Type : Original Article

Author
Assistant Professor, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran. (Corresponding Author)
10.22034/jccj.2025.466898.1599
Abstract
Through the past decades, advancements in the medical field provided promises to find solutions for infertility in families. Artificial insemination and womb renting are among these important medical techniques that, despite their benefits, produce various jurisprudential and legal challenges. The purpose of the present research was to deal with these challenges and the mechanisms of Iranian justice system in this regard. Descriptive and analytical methods were used to conduct the research. The main raw materials of the research are the Qur'anic verses, Islamic tradition, Iranian and French jurisprudential and legal texts and articles and books. Despite different available techniques for artificial insemination and womb renting, findings showed that there are no relevant rules in Sharia. From the point of view of some jurists, some of these techniques can be implemented without any objection by sharia; but, regarding the others, there are intense conflicts among jurists, because of which they have been declared as forbidden. Considering the fact that to use any of such techniques is subject to consensus among jurists and approval by the Iranian Guardian Council, we are still far from a specific legal formulation in this regard. "The Law on Embryo Donation to Infertile Couples," approved in 2003-2004, was an important step to realize the relevant jurisprudential and legal mechanisms. But, again, there are conflicts among jurist and lawyers on “womb renting.” Though it is not considered a crime according to the presumption of innocence and the narrow interpretation of the penal rules, it is necessary to formulate some relevant jurisprudential rules to minimize norm-breaking, lawlessness and family rights violations.
Keywords

Volume 5, Issue 3
Summer 2025
Pages 33-46

  • Receive Date 21 January 2025
  • Revise Date 27 March 2025
  • Accept Date 30 April 2025
  • Publish Date 23 September 2025