A Critique and Examination of the View of Most Imamiyah Jurists on Non-obligation of Istibra' of Non-pregnant Adulteress

Istibra' means the innocence of the womb and its purity. In Islam, istabra' has been legislated for the purity of the womb from pregnancy, which is a non-pregnant istabra' by seeing menstruation. Since adultery is one of the issues that has always been common, especially in today's societies, it is necessary to discuss the Istibra' of the adulteress. Now, the question arises as to whether an unmarried and non-pregnant adulteress needs to be innocence if she intends to marry. The purpose of this study is to criticize and analyze the view of most jurists about the ruling of Istibra' for an unmarried and non-pregnant adulteress. Our main question is how to criticize and examine the view of most jurists for non-obligation of istibra' of the adulteress? Imamiyah jurists differ on the obligation or non-obligation of istibra' of non-pregnant adulteress. Most jurists agree on the non-obligation of istibra'. Of course, some jurists have agreed on istibra' as being Mustahab and others have been cautious in this matter. This descriptive-analytical study shows that the most jurists' arguments are incomplete; because the jurists refer to the general and absolute arguments that imply the obligation of istibra' and most of jurists' disagreement on this issue do not weaken the narrations and the obligation of istibra'. Because, firstly, the jurists' opposing arguments are not very clear from the past, and secondly, these arguments are not because they had a reason that has not handed down to us, but their opposing arguments are based on ijtihad. The findings suggest that in spite of the narrations of the obligation of istibra', the rule of "la Yajouz Ijtima' al-Ma'ayn fi Rahem Wahid (putting two persons' semen in one womb is not permissible)" and the keeping the semen and generations pure from mixing is preferable to the view of the obligation of istibra'.