Des usages éthiques du droit islamique : une réponse aux enjeux posés par la reproduction médicalement assistée

Since the development of in vitro fertilization, medically assisted reproduction has constituted the cutting edge of bioethical reflection. Beyond its normative dimension, and related to medical practice as such, the field of Islamic jurisprudence (fiqh) is interesting equally for its ethical reflections and its anthropological implications. This article takes two main tacks. The first, which involves the auxiliary tools of fiqh, points to a dynamic ethics with regard to situations “of necessity” such as medical reproduction involves. At the same time, jurisprudential practice is put to the test of bioethical experience. The second direction, involving the question of the categorical status of the embryo, has implications for anthropology. Our objective in this article is to show the way in which medically assisted reproduction is involved in a dynamic fiqh and in its adaptation to the here and now