An Analysis of legitimacy of Posthumous Fertility in the Twelver Shia Jurisprudence with an Approach to Sunni Jurisprudent's Views

One of the novel issues in the Iranian legal system is that of posthumous fertility. This phenomenon, along with the spread of artificial insemination, is that of the freezing of the gamete or embryo expecting posthumous fertility. There are divided views among Shiite jurists about the legitimacy of this phenomenon. To reach the real verdict in this field, it is necessary to take the disputed views of jurisprudents into consideration. Relying on certain evidence such as traditions suggesting the continuation of matrimony relationship after death, some jurists regard it valid and legitimate. In contrast, others question its legitimacy based on their own arguments suggesting the lack of matrimony relationship after death. There are also differences among the Sunni scholars in this field. Their view would be studied and analyzed in this article too. Finally, based on the signification of certain Quranic verses and traditions as well as according to the spatio-temporal requirements and the necessity of reproduction, the legitimacy of this issue seems to be more probable.