Embryo cloning

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===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>.

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===

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>.

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 ===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>.
-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===
 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>.

Embryo cloning: Difference between revisions