عقد الزواج في ظل التطور العلمي

Abstract

This memorandum, entitled "The Marriage Contract in Light of Scientific Development," dealt with an in-depth legal study on the extent to which the institution of marriage is affected by rapid scientific developments, especially in the fields of medicine and technology, where the research was divided into two basic chapters. The first chapter dealt with the construction of the marriage contract in light of scientific development, by focusing on the transformations that occurred in the stage of establishing the contract, starting from the engagement through to the medical examination before marriage, all the way to the emergence of new forms of marriage such as electronic marriage, and the accompanying use of modern scientific means in Verifying the physical and psychological eligibility of both parties, in addition to some couples relying on genetic analyzes and genetic tests to avoid genetic diseases and give birth to healthy children. The second chapter is devoted to studying the effects of the marriage contract that resulted from this development, especially with regard to artificial procreation through artificial insemination or in vitro fertilization, and the jurisprudential and legal problems it raises affecting lineage, the civil status of the child, and the extent of the legitimacy of these methods in light of Islamic law and positive laws.The issue of genital transplantation was also addressed as one of the controversial scientific developments, due to the challenges it poses to traditional concepts of sexual identity and procreation. The memorandum concluded that these scientific developments imposed a new legal reality that requires reconsidering some of the legal and regulatory provisions related to traditional marriage and legislating texts for electronic marriage, to achieve a balance between family ties and respect for legal and moral controls, with the need for Islamic jurisprudence and national legislation to keep pace with these changes in a way that family stability.And preserving authentic societal values.