فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: In recent decades, significant advancements in medical science and the development of novel genetic technologies have created new possibilities for the early detection of genetic and chromosomal abnormalities and diseases during pregnancy. Among these, amniocentesis, as one of the most accurate and primary invasive methods for diagnosing fetal genetic abnormalities, has gained a special status. Despite the high medical, religious, and legal importance of amniocentesis, no independent research providing a jurisprudential examination and ijtihad-based analysis of this procedure has been published to date. This article seeks to explain and present a documented and reasoned perspective on the jurisprudential ruling of the widely used amniocentesis test; a perspective that can be utilized in individual and family decision-making, cultural and social policymaking, and especially in legislation "with religious backing." Materials and Methods: Employing a descriptive-analytical methodology, this research draws upon authoritative medical and jurisprudential sources. It begins by outlining the medical procedure of amniocentesis and then critically examines the relevant jurisprudential evidence pertaining to its prohibition, obligation, or permissibility. Findings: The examination and analysis of jurisprudential evidence indicate that the primary principle regarding medical procedures is permissibility, unless there is valid evidence for prohibition. Regarding amniocentesis, considering rational objectives such as preventing the birth of a child with severe and incurable abnormalities that cause extreme hardship (haraj) and distress for the family, and by relying on principles such as "the rule of la haraj" (no hardship) and "the obligation to repel probable harm," this test can be deemed permissible. This ruling is contingent upon observing conditions, including minimizing the risk of miscarriage as much as possible and using it only in cases of valid medical necessity. Conclusion: A critical analysis of existing evidence shows that performing amniocentesis, both before and after the ensoulment of the fetus, is permissible, provided it is conducted for a rational purpose such as preventing "harm" or "hardship and distress."