Embryo cloning - Revision history

Sarfipour at 13:54, 30 March 2026

2026-03-30T13:54:56Z

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	{{footnotes}}		{{footnotes}}
	[[fa:همزادسازی انسان]]		[[fa:همزادسازی انسان]]
			[[Category:Contemporary Jurisprudence Articles]]

Sarfipour: /* footnotes */

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footnotes

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	==footnotes==		==footnotes==
			{{footnotes}}
	[[fa:همزادسازی انسان]]		[[fa:همزادسازی انسان]]

Sarfipour: /* references */

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references

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	* Mūsavī, Mohammad-Kāẓim, Qarārāt Majma‘ al-Fiqh al-Islāmī ma‘a Muqāranatihā bi Ārā’ al-Imāmīyyah al-Ithnā ‘Asharīyyah, Tehran, Al-Markaz al-‘Ālī lil Dirāsāt al-Taqribīyah, 1433 AH/2012 AD		* Mūsavī, Mohammad-Kāẓim, Qarārāt Majma‘ al-Fiqh al-Islāmī ma‘a Muqāranatihā bi Ārā’ al-Imāmīyyah al-Ithnā ‘Asharīyyah, Tehran, Al-Markaz al-‘Ālī lil Dirāsāt al-Taqribīyah, 1433 AH/2012 AD
	* Nāẓimzādah Qomī, Sayyid Ali-Aṣghar, Jarrāḥī-yi Pīlāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, Qom, Bustān-i Kitāb, 1402 AH/2021 AD		* Nāẓimzādah Qomī, Sayyid Ali-Aṣghar, Jarrāḥī-yi Pīlāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, Qom, Bustān-i Kitāb, 1402 AH/2021 AD
			{{end}}

	==footnotes==		==footnotes==
	[[fa:همزادسازی انسان]]		[[fa:همزادسازی انسان]]

Sarfipour: /* refrences */

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refrences

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	===Owner of the womb, the foster mother===		===Owner of the womb, the foster mother===
	Some jurists believe that the woman who does not own the egg and in whose womb the embryo has merely developed is considered the foster (raḍā‘ī) mother of the child <ref>Khamenei, Aḥkām-i Pizishkī, p. 33</ref>. In explaining this viewpoint, it has been stated that foster motherhood is established by the influence of the mother’s milk on the growth of the child’s flesh, blood, and bones; while, the influence of the mother whose womb serves as the place for the child’s growth is certainly greater than that of the breastfeeding (or foster) mother <ref>Mu’min, Shabīhsāzī, p. 88</ref>. Sayyid Kāẓim Ḥā’irī rejects this argument, believing that the effect of the mother’s milk on the child’s growth is not the only criterion for the establishment of foster motherhood; rather, other devotional criteria should be taken into account as well <ref>Jannātī, Guft va Gū bā Āyatullāh Jannātī, p. 21</ref>, including the valid hadith narrated by Yūnis ibn Ya‘qūb, according to which when a woman has milk without giving birth to a child and whose milk contributes to the growth of an infant, it will have no effect on the establishment of a foster relationship <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 41</ref>.		Some jurists believe that the woman who does not own the egg and in whose womb the embryo has merely developed is considered the foster (raḍā‘ī) mother of the child <ref>Khamenei, Aḥkām-i Pizishkī, p. 33</ref>. In explaining this viewpoint, it has been stated that foster motherhood is established by the influence of the mother’s milk on the growth of the child’s flesh, blood, and bones; while, the influence of the mother whose womb serves as the place for the child’s growth is certainly greater than that of the breastfeeding (or foster) mother <ref>Mu’min, Shabīhsāzī, p. 88</ref>. Sayyid Kāẓim Ḥā’irī rejects this argument, believing that the effect of the mother’s milk on the child’s growth is not the only criterion for the establishment of foster motherhood; rather, other devotional criteria should be taken into account as well <ref>Jannātī, Guft va Gū bā Āyatullāh Jannātī, p. 21</ref>, including the valid hadith narrated by Yūnis ibn Ya‘qūb, according to which when a woman has milk without giving birth to a child and whose milk contributes to the growth of an infant, it will have no effect on the establishment of a foster relationship <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 41</ref>.
	==~~refrences~~==		==references==
			{{references}}
	* Abulbaṣal, ‘Abd al-Nāṣir, ‘Amalīyyāt al-Tansīl, in the book Dirāsāt Fiqhīyyah fī Qaḍāyā Ṭibbīyyah Mu‘āṣirah, Amman, Dār al-Nafā’is, 1421 AH/2000 AD		* Abulbaṣal, ‘Abd al-Nāṣir, ‘Amalīyyāt al-Tansīl, in the book Dirāsāt Fiqhīyyah fī Qaḍāyā Ṭibbīyyah Mu‘āṣirah, Amman, Dār al-Nafā’is, 1421 AH/2000 AD
	* Islāmī, Sayyid Ḥasan, Shabīhsāzī-yi Insānī az Dīdgāh-i Shī‘i: Barrisī-yi Chahār Dīdgāh, in Kāvushī Nu dar Fiqh-i Islāmī journal, No. 44, 1384 SH/2005 AD		* Islāmī, Sayyid Ḥasan, Shabīhsāzī-yi Insānī az Dīdgāh-i Shī‘i: Barrisī-yi Chahār Dīdgāh, in Kāvushī Nu dar Fiqh-i Islāmī journal, No. 44, 1384 SH/2005 AD
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	* Mūsavī, Mohammad-Kāẓim, Qarārāt Majma‘ al-Fiqh al-Islāmī ma‘a Muqāranatihā bi Ārā’ al-Imāmīyyah al-Ithnā ‘Asharīyyah, Tehran, Al-Markaz al-‘Ālī lil Dirāsāt al-Taqribīyah, 1433 AH/2012 AD		* Mūsavī, Mohammad-Kāẓim, Qarārāt Majma‘ al-Fiqh al-Islāmī ma‘a Muqāranatihā bi Ārā’ al-Imāmīyyah al-Ithnā ‘Asharīyyah, Tehran, Al-Markaz al-‘Ālī lil Dirāsāt al-Taqribīyah, 1433 AH/2012 AD
	* Nāẓimzādah Qomī, Sayyid Ali-Aṣghar, Jarrāḥī-yi Pīlāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, Qom, Bustān-i Kitāb, 1402 AH/2021 AD		* Nāẓimzādah Qomī, Sayyid Ali-Aṣghar, Jarrāḥī-yi Pīlāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, Qom, Bustān-i Kitāb, 1402 AH/2021 AD

	==footnotes==		==footnotes==
	[[fa:همزادسازی انسان]]		[[fa:همزادسازی انسان]]

Sarfipour: /* Lineage of the human clone */

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Lineage of the human clone

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	* Mixing of lineages: One of the greatest/most important principles in all religions is protection of lineages. Through this method, however, in which sometimes cells are transferred into the wombs of other individuals, lineages get mixed together <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>.		* Mixing of lineages: One of the greatest/most important principles in all religions is protection of lineages. Through this method, however, in which sometimes cells are transferred into the wombs of other individuals, lineages get mixed together <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>.
	==Lineage of the human clone==		==Lineage of the human clone==
	Shia jurists have varying statements about who is the mother of the human being resulting from embryo cloning. If the separated cell is implanted into the womb of the woman who owned the embryo, then that woman will undoubtedly be the mother of the cloned human being <ref> Ibid </ref>. But if the separated cell is not placed into the womb of the woman who owned the embryo, some jurists consider the woman who owns the womb and some consider the one owning the cell as the mother of the cloned human being <ref>Murtaḍavī, and Nurūzī, Barrisī-yi Ab‘ād-i Fiqhī-yi Hamzādsāzī va Badalsāzī-yi Insānī, p. 113</ref>. Sayyid Ali Sīstānī believes that as a matter of obligatory precaution (iḥtīyāṭ vājib), compromise should be reached in matters of inheritance, but in matters of maḥramīyyat (kinship), both women are considered mahram; because the owner of the egg is wife to the child’s father, and the owner of the womb is like the child’s mother <ref>Mu‘īnīfar, and Ḥājī-Alī, Nasab-i Ṭifl-i Shabīhsāzī Shudi dar Niẓām-i Ḥuqūqī-yi Islām, p. 115</ref>.		Shia jurists have varying statements about who is the mother of the human being resulting from embryo cloning. If the separated cell is implanted into the womb of the woman who owned the embryo, then that woman will undoubtedly be the mother of the cloned human being <ref> Ibid </ref>. But if the separated cell is not placed into the womb of the woman who owned the embryo, some jurists consider the woman who owns the womb and some consider the one owning the cell as the mother of the cloned human being <ref>Murtaḍavī, and Nurūzī, Barrisī-yi Ab‘ād-i Fiqhī-yi Hamzādsāzī va Badalsāzī-yi Insānī, p. 113</ref>. [[Sayyid Ali Sīstānī]] believes that as a matter of obligatory precaution (iḥtīyāṭ vājib), compromise should be reached in matters of inheritance, but in matters of maḥramīyyat (kinship), both women are considered mahram; because the owner of the egg is wife to the child’s father, and the owner of the womb is like the child’s mother <ref>Mu‘īnīfar, and Ḥājī-Alī, Nasab-i Ṭifl-i Shabīhsāzī Shudi dar Niẓām-i Ḥuqūqī-yi Islām, p. 115</ref>.
	===Owner of the womb===		===Owner of the womb===
	Sayyid Abulqāsim Khū’ī and Mohammad Āṣif Muḥsinī consider the owner of the womb to be the legal mother of the cloned human being, citing verse 2 of surah al-Mujādalah. According to them, the legal mother cannot be identified merely by attribution of an egg to a woman. Rather, the child’s legal mother is the woman in whose womb the embryo develops and who gives birth to the child <ref>Sīstānī, Pursish va Pāsukh (questions and answers), Liqāḥ-i Maṣnū‘ī (in vitro fertilization), website of Ayatollah Sistani’s office</ref>. Sayyid Kāẓim Ḥā’irī, however, rejects this argument, believing that ~~verse~~ 2 ~~of surah al-Mujādalah~~ does not provide a devotional (ta‘abbudī) definition for mother. Therefore, those human beings who are born through embryo cloning are no different to twins or multiples who are born naturally and their mother is the woman who owns the egg, not the woman in whose womb the embryo grows <ref>Khū’ī, Masā’il va Rudūd, vol. 2, p. 320; Muḥsinī, al-Fiqh va Masā’il Ṭibbīyyah, vol. 1, p. 409</ref>. Not accepting the title of mother for the owner of the womb, Mohammad Mu’min, as well, believes that just as the laboratory devices in which the embryo develops cannot be known as the mother of the cloned human being, the woman whose womb is only used to grow the embryo cannot be called the mother of the cloned human being <ref>Ḥā’irī, Shabīhsāzī-yi Insān, pp. 39–40</ref>.		[[Sayyid Abulqāsim Khū’ī]] and [[Mohammad Āṣif Muḥsinī]] consider the owner of the womb to be the legal mother of the cloned human being, citing verse 2 of surah al-Mujādalah. According to them, the legal mother cannot be identified merely by attribution of an egg to a woman. Rather, the child’s legal mother is the woman in whose womb the embryo develops and who gives birth to the child <ref>Sīstānī, Pursish va Pāsukh (questions and answers), Liqāḥ-i Maṣnū‘ī (in vitro fertilization), website of Ayatollah Sistani’s office</ref>. [[Sayyid Kāẓim Ḥā’irī]], however, rejects this argument, believing that [[Quran 58:2]] does not provide a devotional (ta‘abbudī) definition for mother. Therefore, those human beings who are born through embryo cloning are no different to twins or multiples who are born naturally and their mother is the woman who owns the egg, not the woman in whose womb the embryo grows <ref>Khū’ī, Masā’il va Rudūd, vol. 2, p. 320; Muḥsinī, al-Fiqh va Masā’il Ṭibbīyyah, vol. 1, p. 409</ref>. Not accepting the title of mother for the owner of the womb, Mohammad Mu’min, as well, believes that just as the laboratory devices in which the embryo develops cannot be known as the mother of the cloned human being, the woman whose womb is only used to grow the embryo cannot be called the mother of the cloned human being <ref>Ḥā’irī, Shabīhsāzī-yi Insān, pp. 39–40</ref>.
	===Owner of the ovule===		===Owner of the ovule===
	According to Imam Khomeini, the criterion for motherhood is owning the egg and the woman from whom the egg is taken is the real and legitimate mother of the cloned human being <ref>Mu’min, Shabīhsāzī, p. 88</ref>. Mohammad Fāḍil Lankarānī <ref>Khomeini, Taḥrīr al-Vasīla, p. 990</ref>, Hossein-Ali Muntaẓirī <ref>Fāḍil Lankarānī, Aḥkām-i Pizishkī va Bīmārān, p. 96</ref>, Mohammad Mu’min <ref> Muntaẓirī, Aḥkām-i Pizishkī, p. 87</ref> and Sayyid Ali Khamenei [64] believe this as well. As Mohammad Mu’min has said, the essence of the embryo originates from the owner of the sperm and the owner of the egg, and its placement in the womb of another woman does not eliminate its genetic relationship <ref>Mu’min, Shabīhsāzī, p. 87</ref>.		According to Imam Khomeini, the criterion for motherhood is owning the egg and the woman from whom the egg is taken is the real and legitimate mother of the cloned human being <ref>Mu’min, Shabīhsāzī, p. 88</ref>. [[Mohammad Fāḍil Lankarānī]] <ref>Khomeini, Taḥrīr al-Vasīla, p. 990</ref>, [[Hossein-Ali Muntaẓirī]] <ref>Fāḍil Lankarānī, Aḥkām-i Pizishkī va Bīmārān, p. 96</ref>, [[Mohammad Mu’min]] <ref> Muntaẓirī, Aḥkām-i Pizishkī, p. 87</ref> and [[Sayyid Ali Khamenei]] [64] believe this as well. As Mohammad Mu’min has said, the essence of the embryo originates from the owner of the sperm and the owner of the egg, and its placement in the womb of another woman does not eliminate its genetic relationship <ref>Mu’min, Shabīhsāzī, p. 87</ref>.
	===Owner of the womb, the foster mother===		===Owner of the womb, the foster mother===
	Some jurists believe that the woman who does not own the egg and in whose womb the embryo has merely developed is considered the foster (raḍā‘ī) mother of the child <ref>Khamenei, Aḥkām-i Pizishkī, p. 33</ref>. In explaining this viewpoint, it has been stated that foster motherhood is established by the influence of the mother’s milk on the growth of the child’s flesh, blood, and bones; while, the influence of the mother whose womb serves as the place for the child’s growth is certainly greater than that of the breastfeeding (or foster) mother <ref>Mu’min, Shabīhsāzī, p. 88</ref>. Sayyid Kāẓim Ḥā’irī rejects this argument, believing that the effect of the mother’s milk on the child’s growth is not the only criterion for the establishment of foster motherhood; rather, other devotional criteria should be taken into account as well <ref>Jannātī, Guft va Gū bā Āyatullāh Jannātī, p. 21</ref>, including the valid hadith narrated by Yūnis ibn Ya‘qūb, according to which when a woman has milk without giving birth to a child and whose milk contributes to the growth of an infant, it will have no effect on the establishment of a foster relationship <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 41</ref>.		Some jurists believe that the woman who does not own the egg and in whose womb the embryo has merely developed is considered the foster (raḍā‘ī) mother of the child <ref>Khamenei, Aḥkām-i Pizishkī, p. 33</ref>. In explaining this viewpoint, it has been stated that foster motherhood is established by the influence of the mother’s milk on the growth of the child’s flesh, blood, and bones; while, the influence of the mother whose womb serves as the place for the child’s growth is certainly greater than that of the breastfeeding (or foster) mother <ref>Mu’min, Shabīhsāzī, p. 88</ref>. Sayyid Kāẓim Ḥā’irī rejects this argument, believing that the effect of the mother’s milk on the child’s growth is not the only criterion for the establishment of foster motherhood; rather, other devotional criteria should be taken into account as well <ref>Jannātī, Guft va Gū bā Āyatullāh Jannātī, p. 21</ref>, including the valid hadith narrated by Yūnis ibn Ya‘qūb, according to which when a woman has milk without giving birth to a child and whose milk contributes to the growth of an infant, it will have no effect on the establishment of a foster relationship <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 41</ref>.

Sarfipour: /* Examining the reasons for prohibition or permission of embryo cloning */

2026-03-30T13:18:55Z

Examining the reasons for prohibition or permission of embryo cloning

Sarfipour: /* Explanation of the issue and its position */

2026-03-30T11:52:01Z

Explanation of the issue and its position

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	===Fatwas of Shia jurists===		===Fatwas of Shia jurists===
	Apart from certain forbidden preliminaries or methods in embryo cloning (such as touching or looking at the body of a non-mahram person <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 35</ref>), Shia jurists do not agree on its permissibility or impermissibility. In embryo cloning, various scenarios can be proposed that influence the juristic ruling, such as whether the cell owner is known or unknown, whether the cell is taken from a living or deceased individual, and whether the cell is developed in the womb of the wife (whether she is the egg owner or not) or a non-mahram woman <ref>Mūsavī Sabzivārī, al-Istinsākh bayn al-Taqnīyya va al-Tashrī‘, pp. 44–45</ref>.		Apart from certain forbidden preliminaries or methods in embryo cloning (such as touching or looking at the body of a non-mahram person <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 35</ref>), Shia jurists do not agree on its permissibility or impermissibility. In embryo cloning, various scenarios can be proposed that influence the juristic ruling, such as whether the cell owner is known or unknown, whether the cell is taken from a living or deceased individual, and whether the cell is developed in the womb of the wife (whether she is the egg owner or not) or a non-mahram woman <ref>Mūsavī Sabzivārī, al-Istinsākh bayn al-Taqnīyya va al-Tashrī‘, pp. 44–45</ref>.
	Mohammad Mu’min and Mohammad ~~Mohammadī Qā’īnī~~ consider embryo cloning to be permissible in itself and only prohibit certain types of it <ref>Mu’min, Shabīhsāzī, pp. 50–80; Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣira (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 292</ref>. Although Mohammad Fāḍil Lankarānī deemed this practice permissible, he believed that it is not permissible if the created cell were to be placed in the womb of the man’s wife after his death <ref>Fāḍil Lankarānī, Aḥkām-i Pizishkān va Bīmārān, p. 94</ref>. Sayyid Mohammad Sa‘īd Ḥakīm considered embryo cloning permissible only if the cell is developed in the wife’s womb, but did not consider it permissible, based on obligatory precaution, to develop the cell in a stranger woman’s womb <ref>Ḥakīm, Fiqh al-Istinsākh al-Basharī va Fatāvī al-Ṭibbīyyah, p. 42</ref>. In contrast, Sayyid Ali Sīstānī believes that embryo cloning is not forbidden even in a stranger woman’s womb <ref>Sīstānī, Pursish va Pāsukh (questions and answers), Liqāḥ-i Maṣnū‘ī (in vitro fertilization), website of Ayatollah Sistani’s office</ref>. Ḥasan Javāhirī has deemed cloning permissible under two conditions: 1. The created embryo is not destroyed; 2. It is not carried out on a very large scale, leading to disruption of the system <ref>Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 85</ref>. However, Mohammad Mu’min believes that failing to observe the mentioned conditions in achieving a cloned human being does not necessitate considering embryo cloning to be essentially forbidden; rather, in such a case, it should be said that embryo cloning is a permissible act that has been carried out through forbidden means, and the prohibition of the means (muqaddamah) does not imply the prohibition of the end goal (ḏī al-muqaddamah) <ref>Mu’min, Shabīhsāzī, p. 80</ref>.
			[[Mohammad Mu’min]] and [[Mohammad Mohammadi Ghaeni]] consider embryo cloning to be permissible in itself and only prohibit certain types of it <ref>Mu’min, Shabīhsāzī, pp. 50–80; Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣira (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 292</ref>. Although [[Mohammad Fāḍil Lankarānī]] deemed this practice permissible, he believed that it is not permissible if the created cell were to be placed in the womb of the man’s wife after his death <ref>Fāḍil Lankarānī, Aḥkām-i Pizishkān va Bīmārān, p. 94</ref>. [[Sayyid Mohammad Sa‘īd Ḥakīm]] considered embryo cloning permissible only if the cell is developed in the wife’s womb, but did not consider it permissible, based on obligatory precaution, to develop the cell in a stranger woman’s womb <ref>Ḥakīm, Fiqh al-Istinsākh al-Basharī va Fatāvī al-Ṭibbīyyah, p. 42</ref>. In contrast, [[Sayyid Ali Sīstānī]] believes that embryo cloning is not forbidden even in a stranger woman’s womb <ref>Sīstānī, Pursish va Pāsukh (questions and answers), Liqāḥ-i Maṣnū‘ī (in vitro fertilization), website of Ayatollah Sistani’s office</ref>. [[Ḥasan Javāhirī]] has deemed cloning permissible under two conditions: 1. The created embryo is not destroyed; 2. It is not carried out on a very large scale, leading to disruption of the system <ref>Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 85</ref>. However, [[Mohammad Mu’min]] believes that failing to observe the mentioned conditions in achieving a cloned human being does not necessitate considering embryo cloning to be essentially forbidden; rather, in such a case, it should be said that embryo cloning is a permissible act that has been carried out through forbidden means, and the prohibition of the means (muqaddamah) does not imply the prohibition of the end goal (ḏī al-muqaddamah) <ref>Mu’min, Shabīhsāzī, p. 80</ref>.

	===Sunni jurists’ viewpoint===		===Sunni jurists’ viewpoint===
	Most Sunni jurists have considered embryo cloning to be forbidden <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>. In the declaration of the tenth Islamic Fiqh Conference, held in Mecca, additional to the forbiddance of human cloning, the forbiddance of embryo cloning has been emphasized <ref> Mūsavī, Qarārāt Majma’ al-Fiqh al-Islāmī, p. 282</ref>. In contrast, some Sunni jurists have considered embryo cloning permissible under certain conditions. Among these conditions, the following can be mentioned: 1. Using the cell in the wife’s womb; 2. Performing the procedure during marriage; 3. Having the consent of both the husband and the wife; 4. Ensuring that lineage remains clear <ref>Al-Ashqar, Abḥāth Ijtihādīyyah fī al-Fiqh al-Ṭibbī, p. 36</ref>.		Most Sunni jurists have considered embryo cloning to be forbidden <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>. In the declaration of the tenth Islamic Fiqh Conference, held in Mecca, additional to the forbiddance of human cloning, the forbiddance of embryo cloning has been emphasized <ref> Mūsavī, Qarārāt Majma’ al-Fiqh al-Islāmī, p. 282</ref>. In contrast, some Sunni jurists have considered embryo cloning permissible under certain conditions. Among these conditions, the following can be mentioned: 1. Using the cell in the wife’s womb; 2. Performing the procedure during marriage; 3. Having the consent of both the husband and the wife; 4. Ensuring that lineage remains clear <ref>Al-Ashqar, Abḥāth Ijtihādīyyah fī al-Fiqh al-Ṭibbī, p. 36</ref>.

Sarfipour at 11:42, 30 March 2026

2026-03-30T11:42:46Z

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	*Abstract		*Abstract
	'''Embryo cloning''' (in Persian: [[:fa:همزادسازی_انسان\|همزادسازی انسان]]) is one type of cloning in which a human being is created by other than the usual way, through the division of human reproductive cells in a laboratory environment.		'''Embryo cloning''' (in Persian: [[:fa:همزادسازی_انسان\|همزادسازی انسان]]) is one type of cloning in which a human being is created by other than the usual way, through the division of human reproductive cells in a laboratory environment.
	Most Sunni jurists have considered embryo cloning to be forbidden. However, only few Shia jurists have taken positions regarding the permissibility or impermissibility of embryo cloning, and have expressed differing views in this regard. Sayyid Ali Sīstānī has considered cloning to be permissible. Also, jurists such as Sayyid Mohammad-Sa‘īd Ḥakīm, Mohammad Fāḍil Lankarānī and Mohammad ~~Mohammadī Qā’īnī~~ consider some types of it to be permissible and some others to be impermissible.		Most Sunni jurists have considered embryo cloning to be forbidden. However, only few [[Shia jurists]] have taken positions regarding the permissibility or impermissibility of embryo cloning, and have expressed differing views in this regard. [[Sayyid Ali Sīstānī]] has considered cloning to be permissible. Also, jurists such as [[Sayyid Mohammad-Sa‘īd Ḥakīm]], [[Mohammad Fāḍil Lankarānī]] and [[Mohammad Mohammadi Ghaeni]] consider some types of it to be permissible and some others to be impermissible.

	Those jurists who believe in the permissibility of embryo cloning have cited the principle of permissibility (ibāḥa). On the other hand, among the most important reasons for the forbiddance of complete human cloning in the words of jurists, the forbiddance of changing God’s creation, disruption of the system, forbiddance of utilizing a stranger woman’s womb and the forbiddance of destroying the embryo can be mentioned.		Those jurists who believe in the permissibility of embryo cloning have cited the principle of permissibility (ibāḥa). On the other hand, among the most important reasons for the forbiddance of complete human cloning in the words of jurists, the forbiddance of changing God’s creation, disruption of the system, forbiddance of utilizing a stranger woman’s womb and the forbiddance of destroying the embryo can be mentioned.

	Determining the lineage of the cloned human being is among the controversial declarative rulings (aḥkām-i Vaḍ‘ī) in this issue. Some jurists consider the woman who owns the womb and some consider the woman who owns the egg as the mother of the cloned human being. Also, according to some jurists’ fatwas, the woman in whose womb the embryo develops is considered as the child’s foster mother. Sayyid Ali Sīstānī believes that as a matter of obligatory precaution (iḥtīyāṭ vājib), compromise should be reached in matters of inheritance, but in matters of maḥramīyyat (kinship), both women are considered mahram.		Determining the lineage of the cloned human being is among the controversial declarative rulings (aḥkām-i Vaḍ‘ī) in this issue. Some jurists consider the woman who owns the womb and some consider the woman who owns the egg as the mother of the cloned human being. Also, according to some jurists’ fatwas, the woman in whose womb the embryo develops is considered as the child’s foster mother. Sayyid Ali Sīstānī believes that as a matter of obligatory precaution (iḥtīyāṭ vājib), compromise should be reached in matters of inheritance, but in matters of maḥramīyyat (kinship), both women are considered mahram.

Sarfipour at 11:05, 30 March 2026

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	*Abstract		*Abstract
	Embryo cloning is one type of cloning in which a human being is created by other than the usual way, through the division of human reproductive cells in a laboratory environment.		'''Embryo cloning''' (in Persian: [[:fa:همزادسازی_انسان\|همزادسازی انسان]]) is one type of cloning in which a human being is created by other than the usual way, through the division of human reproductive cells in a laboratory environment.
	Most Sunni jurists have considered embryo cloning to be forbidden. However, only few Shia jurists have taken positions regarding the permissibility or impermissibility of embryo cloning, and have expressed differing views in this regard. Sayyid Ali Sīstānī has considered cloning to be permissible. Also, jurists such as Sayyid Mohammad-Sa‘īd Ḥakīm, Mohammad Fāḍil Lankarānī and Mohammad Mohammadī Qā’īnī consider some types of it to be permissible and some others to be impermissible.		Most Sunni jurists have considered embryo cloning to be forbidden. However, only few Shia jurists have taken positions regarding the permissibility or impermissibility of embryo cloning, and have expressed differing views in this regard. Sayyid Ali Sīstānī has considered cloning to be permissible. Also, jurists such as Sayyid Mohammad-Sa‘īd Ḥakīm, Mohammad Fāḍil Lankarānī and Mohammad Mohammadī Qā’īnī consider some types of it to be permissible and some others to be impermissible.
	Those jurists who believe in the permissibility of embryo cloning have cited the principle of permissibility (ibāḥa). On the other hand, among the most important reasons for the forbiddance of complete human cloning in the words of jurists, the forbiddance of changing God’s creation, disruption of the system, forbiddance of utilizing a stranger woman’s womb and the forbiddance of destroying the embryo can be mentioned.		Those jurists who believe in the permissibility of embryo cloning have cited the principle of permissibility (ibāḥa). On the other hand, among the most important reasons for the forbiddance of complete human cloning in the words of jurists, the forbiddance of changing God’s creation, disruption of the system, forbiddance of utilizing a stranger woman’s womb and the forbiddance of destroying the embryo can be mentioned.
	Determining the lineage of the cloned human being is among the controversial declarative rulings (aḥkām-i Vaḍ‘ī) in this issue. Some jurists consider the woman who owns the womb and some consider the woman who owns the egg as the mother of the cloned human being. Also, according to some jurists’ fatwas, the woman in whose womb the embryo develops is considered as the child’s foster mother. Sayyid Ali Sīstānī believes that as a matter of obligatory precaution (iḥtīyāṭ vājib), compromise should be reached in matters of inheritance, but in matters of maḥramīyyat (kinship), both women are considered mahram.		Determining the lineage of the cloned human being is among the controversial declarative rulings (aḥkām-i Vaḍ‘ī) in this issue. Some jurists consider the woman who owns the womb and some consider the woman who owns the egg as the mother of the cloned human being. Also, according to some jurists’ fatwas, the woman in whose womb the embryo develops is considered as the child’s foster mother. Sayyid Ali Sīstānī believes that as a matter of obligatory precaution (iḥtīyāṭ vājib), compromise should be reached in matters of inheritance, but in matters of maḥramīyyat (kinship), both women are considered mahram.

	==Explanation of the issue and its position==		==Explanation of the issue and its position==
	Embryo cloning or embryo splitting is one of the types of human cloning <ref>Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 82</ref> that is carried out using reproductive cells <ref> Nāẓimzādi Qomī, Jarrāḥī-yi Pilāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, p. 174</ref>. Human cloning is referred to by various terms such as ‘al-Istit’ām' <ref> Murtaḍavī, and Mujtabā Nurūzī, Barrisī-yi Ab‘ād-i Fiqhī-yi Hamzādsāzī va Badalsāzī-yi Insānī, p. 106</ref>, 'al-Tansīl al-Jinīnī' (embryonic replication) <ref>Abulbaṣal, ‘Amalīyyāt al-Tansīl, p. 655</ref>, 'al-Istinsākh al-Jasadī' (somatic cloning), 'al-Istinsākh al-Jinīnī' (embryonic cloning), or 'Takthīr al-Nuṭfa' (sperm multiplication) <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>.		Embryo cloning or embryo splitting is one of the types of human cloning <ref>Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 82</ref> that is carried out using reproductive cells <ref> Nāẓimzādi Qomī, Jarrāḥī-yi Pilāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, p. 174</ref>. Human cloning is referred to by various terms such as ‘al-Istit’ām' <ref> Murtaḍavī, and Mujtabā Nurūzī, Barrisī-yi Ab‘ād-i Fiqhī-yi Hamzādsāzī va Badalsāzī-yi Insānī, p. 106</ref>, 'al-Tansīl al-Jinīnī' (embryonic replication) <ref>Abulbaṣal, ‘Amalīyyāt al-Tansīl, p. 655</ref>, 'al-Istinsākh al-Jasadī' (somatic cloning), 'al-Istinsākh al-Jinīnī' (embryonic cloning), or 'Takthīr al-Nuṭfa' (sperm multiplication) <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>.

Sarfipour at 09:40, 19 June 2025

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	\|author = Mustafa ~~Ali-Khānī~~		\|author = Mustafa AliKhani
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	'''1.Forbiddance of changing God’s creation'''		'''1.Forbiddance of changing God’s creation'''

	Similar to human cloning which has been considered as modification of God’s creation and forbidden <ref>Subḥānī, Istiftā’āt, vol. 2, p. 256</ref>, this probability has been raised that embryo cloning is also forbidden because of the forbiddance of changing God’s creation. In explanation of this argument, it has been said that in ~~verse~~ 119 ~~of surah an-Nisā’~~, changing God’s creation is introduced as a satanic act, and on the other hand, human and embryo cloning are of the instances of changing God’s creation; therefore, this act is haram <ref>Mu’min, Shabīhsāzī, pp. 51–52</ref>.		Similar to human cloning which has been considered as modification of God’s creation and forbidden <ref>Subḥānī, Istiftā’āt, vol. 2, p. 256</ref>, this probability has been raised that embryo cloning is also forbidden because of the forbiddance of changing God’s creation. In explanation of this argument, it has been said that in [[Quran 4:119]], changing God’s creation is introduced as a satanic act, and on the other hand, human and embryo cloning are of the instances of changing God’s creation; therefore, this act is haram <ref>Mu’min, Shabīhsāzī, pp. 51–52</ref>.
	Mohammad Mu’min considers this argument very weak and believes that based on interpretive hadiths <ref>See for instance: Baḥrānī, al-Burhān, vol. 2, p. 175</ref>, this verse refers to changing God’s religion and introducing false beliefs into it. However, what occurs in the stages of embryo cloning is similar to planting the seeds of plants and trees, all of which are done by the want and will of God <ref>Mu’min, Shabīhsāzī, p. 52</ref>.		Mohammad Mu’min considers this argument very weak and believes that based on interpretive hadiths <ref>See for instance: Baḥrānī, al-Burhān, vol. 2, p. 175</ref>, this verse refers to changing God’s religion and introducing false beliefs into it. However, what occurs in the stages of embryo cloning is similar to planting the seeds of plants and trees, all of which are done by the want and will of God <ref>Mu’min, Shabīhsāzī, p. 52</ref>.

	'''2.Disruption of the system'''		'''2.Disruption of the system'''

	According to Javād Tabrīzī and Ja‘far Subḥānī, human cloning leads to disruption in the system, and for this reason, human cloning is forbidden based on the primary ruling <ref> Tabrīzī, Ṣirāṭ al-Najāt, vol. 7, p. 230; Subḥānī, Istiftā’āt, vol. 2, p. 256</ref>. Although in the words of scholars, this argument has been raised only about human cloning, but ~~Qā’īnī~~ believes that this argument applies to embryo cloning as well <ref> Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 288</ref>. In the explanation of this argument, it has been said that embryo cloning ultimately leads to the cessation of implementation of certain rulings; because, due to the inability to distinguish individuals from one another, the enforcement of legal punishments (ḥudūd) would become impossible <ref>Ibid, p. 289</ref>. Therefore, embryo cloning causes chaos in the society; because errors may arise in the identification of criminals, or the criminals may never be identified <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 36; Javāhirī, Buḥūth fī al-Fiqh al-Mu‘āṣir, vol. 2, p. 302</ref>.		According to [[Javād Tabrīzī]] and [[Ja‘far Subḥānī]], human cloning leads to disruption in the system, and for this reason, human cloning is forbidden based on the primary ruling <ref> Tabrīzī, Ṣirāṭ al-Najāt, vol. 7, p. 230; Subḥānī, Istiftā’āt, vol. 2, p. 256</ref>. Although in the words of scholars, this argument has been raised only about human cloning, but [[Mohammad Mohammadi Ghaeni\|Ghaeni]] believes that this argument applies to embryo cloning as well <ref> Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 288</ref>. In the explanation of this argument, it has been said that embryo cloning ultimately leads to the cessation of implementation of certain rulings; because, due to the inability to distinguish individuals from one another, the enforcement of legal punishments (ḥudūd) would become impossible <ref>Ibid, p. 289</ref>. Therefore, embryo cloning causes chaos in the society; because errors may arise in the identification of criminals, or the criminals may never be identified <ref>Ḥā’irī, Shabīhsāzī-yi Insān, p. 36; Javāhirī, Buḥūth fī al-Fiqh al-Mu‘āṣir, vol. 2, p. 302</ref>.
	In response to this argument, it has been said that disruption in the system occurs only when embryo cloning is done on a large scale, and this argument does not imply the forbiddance of embryo cloning in limited cases. Also, some researchers have objected to the minor premise of this argument, believing that embryo cloning does not lead to a one hundred percent correspondence between individuals, and so it never leads to chaos <ref>Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 289.</ref>.		In response to this argument, it has been said that disruption in the system occurs only when embryo cloning is done on a large scale, and this argument does not imply the forbiddance of embryo cloning in limited cases. Also, some researchers have objected to the minor premise of this argument, believing that embryo cloning does not lead to a one hundred percent correspondence between individuals, and so it never leads to chaos <ref>Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 289.</ref>.

	'''3.The forbiddance of implanting the embryo in the womb of a woman other than the wife'''		'''3.The forbiddance of implanting the embryo in the womb of a woman other than the wife'''

	It might be said that embryo cloning should only be done regarding the legitimate wife; because, based on the hadith narrated by Ali ibn Sālim from Imam Ṣādiq (AS) <ref> Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 108; Islāmī, Shabīhsāzī-yi Insānī az Dīdgāh-i Shī‘i: Barrisī-yi Chahār Dīdgāh, p. 64; Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 289</ref>, it is forbidden to insert a man’s sperm (through other than adultery) into the womb of a stranger (non-mahram) woman <ref> Kulaynī, al-Kāfī, vol. 5, p. 541</ref>. Mohammad Mu’min has cited verses such as ~~verse~~ 31 ~~of surah an-Nūr~~ to explain this argument. Based on this verse, women should protect their private parts from being utilized by strangers, and placing a stranger (non-Mahram) man’s cell into the womb and egg of a non-mahram woman is of the clear instances of utilization by strangers <ref>Javāhirī, Taqsīm-i Sillūlī va Shabīhsāzī, p. 87</ref>. ~~Mohammadī Qā’īnī~~ even believes that based on the general meaning of this verse, implanting the cloned embryo is forbidden, not only in the womb of a stranger woman, but also in the womb of the wife who owns the ovule. This is because ~~verse~~ 31 ~~of surah an-Nūr~~ only introduces intercourse and childbearing through the normal way as permissible, and forbids the other cases <ref>Mu’min, Shabīhsāzī, pp. 53–54</ref>.		It might be said that embryo cloning should only be done regarding the legitimate wife; because, based on the hadith narrated by Ali ibn Sālim from Imam Ṣādiq (AS) <ref> Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 108; Islāmī, Shabīhsāzī-yi Insānī az Dīdgāh-i Shī‘i: Barrisī-yi Chahār Dīdgāh, p. 64; Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 289</ref>, it is forbidden to insert a man’s sperm (through other than adultery) into the womb of a stranger (non-mahram) woman <ref> Kulaynī, al-Kāfī, vol. 5, p. 541</ref>. [[Mohammad Mu’min]] has cited verses such as [[Quran 24:31]] to explain this argument. Based on this verse, women should protect their private parts from being utilized by strangers, and placing a stranger (non-Mahram) man’s cell into the womb and egg of a non-mahram woman is of the clear instances of utilization by strangers <ref>Javāhirī, Taqsīm-i Sillūlī va Shabīhsāzī, p. 87</ref>. Mohammad Mohammadi Ghaeni even believes that based on the general meaning of this verse, implanting the cloned embryo is forbidden, not only in the womb of a stranger woman, but also in the womb of the wife who owns the ovule. This is because [[Quran 24:31]] only introduces intercourse and childbearing through the normal way as permissible, and forbids the other cases <ref>Mu’min, Shabīhsāzī, pp. 53–54</ref>.
	However, Mohammad Mu’min and Ḥasan Javāhirī have considered this a weak argument. Ḥasan Javāhirī believes that it is insufficient to argue based on Ali ibn Sālim’s hadith alone. He holds that the expression “man’s sperm,” mentioned in the hadith, refers to semen and does not include a fertilized ovule <ref> Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, pp. 287–300</ref>. Also, Mohammad Mu’min has explained that the contents of this hadith pertain specifically to sexual utilization and do not include cases such as cultivating cells in a woman’s womb <ref>Javāhirī, Taqsīm-i Sillūlī va Shabīhsāzī, p. 88</ref>. Also, although Mohammadī Qā’īnī considers the cultivation of cloned cells to be prohibited in all wombs, he believes that if scientific advancements make it possible to cultivate cloned cells in laboratory tubes, there would be no problem with doing so <ref>Mu’min, Shabīhsāzī, pp. 54-55</ref>.
			However, [[Mohammad Mu’min]] and [[Ḥasan Javāhirī]] have considered this a weak argument. Ḥasan Javāhirī believes that it is insufficient to argue based on Ali ibn Sālim’s hadith alone. He holds that the expression “man’s sperm,” mentioned in the hadith, refers to semen and does not include a fertilized ovule <ref> Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, pp. 287–300</ref>. Also, Mohammad Mu’min has explained that the contents of this hadith pertain specifically to sexual utilization and do not include cases such as cultivating cells in a woman’s womb <ref>Javāhirī, Taqsīm-i Sillūlī va Shabīhsāzī, p. 88</ref>. Also, although Mohammadī Qā’īnī considers the cultivation of cloned cells to be prohibited in all wombs, he believes that if scientific advancements make it possible to cultivate cloned cells in laboratory tubes, there would be no problem with doing so <ref>Mu’min, Shabīhsāzī, pp. 54-55</ref>.

	'''4.The forbiddance of destroying embryos'''		'''4.The forbiddance of destroying embryos'''
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	Among the reasons that specifically imply the forbiddance of embryo cloning is the argument that cites hadiths (such as Rufā‘ah’s valid (ṣaḥīḥah) hadith <ref>Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 292</ref> and Isḥāq ibn ‘Ammār’s authentic (mūthiqah) hadith <ref>Kulaynī, al-Kāfī, vol. 3, p. 108</ref>) based on which destroying an embryo or removing it from the womb is forbidden. Since the success of the cloning procedure is not definite and there is the possibility that not all cells may reach completion, its forbiddance is proven <ref>Sheikh Ṣadūq, Man lā Yaḥḍuruh al-Faqīh, vol. 4, p. 171</ref>. Mohammad Mu’min believes that this argument is not enough to prove the forbiddance of embryo cloning. He believes that this argument can be used to understand the forbiddance of destroying embryos. However, if, as a result of scientific advancements, none of the embryos gets destroyed, then no reason shall remain for the forbiddance of embryo cloning <ref>Ḥā’irī, Shabīhsāzī-yi Insān, pp. 36–38</ref>.		Among the reasons that specifically imply the forbiddance of embryo cloning is the argument that cites hadiths (such as Rufā‘ah’s valid (ṣaḥīḥah) hadith <ref>Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 292</ref> and Isḥāq ibn ‘Ammār’s authentic (mūthiqah) hadith <ref>Kulaynī, al-Kāfī, vol. 3, p. 108</ref>) based on which destroying an embryo or removing it from the womb is forbidden. Since the success of the cloning procedure is not definite and there is the possibility that not all cells may reach completion, its forbiddance is proven <ref>Sheikh Ṣadūq, Man lā Yaḥḍuruh al-Faqīh, vol. 4, p. 171</ref>. Mohammad Mu’min believes that this argument is not enough to prove the forbiddance of embryo cloning. He believes that this argument can be used to understand the forbiddance of destroying embryos. However, if, as a result of scientific advancements, none of the embryos gets destroyed, then no reason shall remain for the forbiddance of embryo cloning <ref>Ḥā’irī, Shabīhsāzī-yi Insān, pp. 36–38</ref>.
	===The reasons provided by Sunni Jurists against embryo cloning===		===The reasons provided by Sunni Jurists against embryo cloning===
	* Opposition to ~~verse~~ 70 ~~of surah al-Isrā’~~: Based on this verse, God has honored human beings. Utilizing this method in human reproduction, however, has made it difficult to distinguish individuals and is therefore incompatible with honoring human beings <ref>Mu’min, Shabīhsāzī, p. 87</ref>. As it has been said, it is necessary to honor man from the very first moment of the formation of the embryo and it is not possible to separate a part of its body from it <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>.		* Opposition to [[Quran 17:70]]: Based on this verse, God has honored human beings. Utilizing this method in human reproduction, however, has made it difficult to distinguish individuals and is therefore incompatible with honoring human beings <ref>Mu’min, Shabīhsāzī, p. 87</ref>. As it has been said, it is necessary to honor man from the very first moment of the formation of the embryo and it is not possible to separate a part of its body from it <ref>A group of authors, al-Fiqh al-Ṭibbī, p. 171</ref>.
	* Forbiddance of harming the mother or the primary cell: Embryo cloning and separating the primary cell and converting it into numerous embryos may harm the mother or the first embryo; while it is forbidden to harm them <ref>Abulbaṣal, ‘Amalīyyāt al-Tansīl, p. 657</ref>.		* Forbiddance of harming the mother or the primary cell: Embryo cloning and separating the primary cell and converting it into numerous embryos may harm the mother or the first embryo; while it is forbidden to harm them <ref>Abulbaṣal, ‘Amalīyyāt al-Tansīl, p. 657</ref>.
	* Contrariness to the tradition of distinguishing individuals: Cloned human beings are totally similar to one another; while the tradition that rules over existence is that human beings should vary in their characteristics and creation <ref>Ibid, p. 658</ref>.		* Contrariness to the tradition of distinguishing individuals: Cloned human beings are totally similar to one another; while the tradition that rules over existence is that human beings should vary in their characteristics and creation <ref>Ibid, p. 658</ref>.