Embryo cloning

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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>.

==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===

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===

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===

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==

* 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

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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

* 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==

[[fa:همزادسازی انسان]]

[[Category:Contemporary Jurisprudence Articles]]

@@ Line 61: / Line 61: @@
 * 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==
-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===
-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===
-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===
 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
 * 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
@@ Line 101: / Line 102: @@
 * 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
+{{end}}
 ==footnotes==
+{{footnotes}}
 [[fa:همزادسازی انسان]]
+[[Category:Contemporary Jurisprudence Articles]]

Embryo cloning: Difference between revisions