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Embryo cloning

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  • 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. 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. 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

Embryo cloning or embryo splitting is one of the types of human cloning [1] that is carried out using reproductive cells [2]. Human cloning is referred to by various terms such as ‘al-Istit’ām' [3], 'al-Tansīl al-Jinīnī' (embryonic replication) [4], 'al-Istinsākh al-Jasadī' (somatic cloning), 'al-Istinsākh al-Jinīnī' (embryonic cloning), or 'Takthīr al-Nuṭfa' (sperm multiplication) [5]. For the first time in 1993, scientists in Canada managed to separate the initial human cells from one another and prove the possibility of cloning [6]. Although this research won the best study award of that year’s scientific festival, the results of their research sparked social and religious reactions [7].

Cloning method

When explaining cloning, it is said that after the sperm fertilizes the egg, a new cell is formed. This cell divides into 2, 4, 8, 16, and finally 32 cells. Once the number of cells reaches 32, the division stops, and each of the 32 cells takes on the responsibility of forming one of the body's organs until a complete human being is formed. However, if one of the 32 cells is separated from the others and placed in a suitable environment (whether the uterus of the egg donor, another uterus, or a laboratory device), it can, on its own, divide into 32 cells and provide the basis for the formation of a complete human being [8]. Therefore, human beings that are born from these 32 cells will be like twins or clones, whose origin is a reproductive cell [9]. Many benefits and harms have been mentioned for human cloning [10]. Among the benefits is the possibility of enabling women with weak eggs to conceive, creating duplicates for the purpose of using their organs in cases of illness, and producing healthy individuals to mitigate the risks associated with hereditary diseases [11]. On the other hand, loss of diversity among human beings and the risk of misuse of this method by criminals are considered among the harms of embryo cloning [12].

Difference with other methods of cloning

Cloning is carried out in three forms: organ cloning, embryo cloning, and complete human cloning. Organ cloning is a process in which a human cell is cultivated in specialized devices to develop into one of the body’s organs. Since the outcome of this process is not full human replication, some consider this type to be outside the scope of human cloning [13]. Complete human cloning refers to a method in which a complete human being is cloned using a non-reproductive cell [14]. For this purpose, the egg of a woman is cut open before fertilization, and the central nucleus is removed. The nucleus from a body cell of a man or woman (even the woman from whom the egg was taken) is then placed into the egg, allowing a human to be born from it [15].

Differences in viewpoints of Muslim jurists

There are few jurisprudential ideas about the permissibility or impermissibility of embryo cloning, and, unlike the issue of human cloning, fewer jurists have presented their ideas about this.

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 [16]), 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 [17]. Mohammad Mu’min and Mohammad Mohammadī Qā’īnī consider embryo cloning to be permissible in itself and only prohibit certain types of it [18]. 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 [19]. 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 [20]. In contrast, Sayyid Ali Sīstānī believes that embryo cloning is not forbidden even in a stranger woman’s womb [21]. 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 [22]. 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) [23].

Sunni jurists’ viewpoint

Most Sunni jurists have considered embryo cloning to be forbidden [24]. 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 [25]. 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 [26].

Examining the reasons for prohibition or permission of embryo cloning

Based on the principle of permissibility, if no reason for forbiddance is found, then the Lawmaker has ruled it as permissible (Ibāḥa), even if, in reality, there exists evidence for forbiddance [27]. Therefore, in order to consider embryo cloning permissible, it is not necessary to provide reasons for its permissibility; rather, responding to the reasons that have been raised for its forbiddance is enough to prove its permissibility. The jurists who believe in the permissibility have mostly tried to respond to reasons for the forbiddance, rather than independently providing reasons for the permissibility.

1.Forbiddance of changing God’s creation

Similar to human cloning which has been considered as modification of God’s creation and forbidden [28], 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 [29]. Mohammad Mu’min considers this argument very weak and believes that based on interpretive hadiths [30], 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 [31].

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 [32]. 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 [33]. 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 [34]. Therefore, embryo cloning causes chaos in the society; because errors may arise in the identification of criminals, or the criminals may never be identified [35]. 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 [36].

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) [37], it is forbidden to insert a man’s sperm (through other than adultery) into the womb of a stranger (non-mahram) woman [38]. 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 [39]. 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 [40]. 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 [41]. 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 [42]. 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 [43].

4.The forbiddance of destroying embryos

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 [44] and Isḥāq ibn ‘Ammār’s authentic (mūthiqah) hadith [45]) 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 [46]. 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 [47].

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 [48]. 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 [49].
  • 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 [50].
  • 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 [51].
  • 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 [52].

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 [53]. 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 [54]. 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 [55].

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 [56]. 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 [57]. 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 [58].

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 [59]. Mohammad Fāḍil Lankarānī [60], Hossein-Ali Muntaẓirī [61], Mohammad Mu’min [62] 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 [63].

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 [64]. 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 [65]. 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 [66], 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 [67].

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footnotes

  1. ↑ Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 82
  2. ↑ Nāẓimzādi Qomī, Jarrāḥī-yi Pilāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, p. 174
  3. ↑ Murtaḍavī, and Mujtabā Nurūzī, Barrisī-yi Ab‘ād-i Fiqhī-yi Hamzādsāzī va Badalsāzī-yi Insānī, p. 106
  4. ↑ Abulbaṣal, ‘Amalīyyāt al-Tansīl, p. 655
  5. ↑ A group of authors, al-Fiqh al-Ṭibbī, p. 171
  6. ↑ Javāhirī, Buḥūth fī al-Fiqh al-Mu‘āṣir, vol. 2, p. 279; Sharī‘atmadārī, Badalsāzī-yi Insān, p. 118
  7. ↑ Sharī‘atmadārī, Badalsāzī-yi Insān, pp. 118–120
  8. ↑ Ḥā’irī, Shabīhsāzī-yi Insān, p. 30
  9. ↑ Nāẓimzādi Qomī, Jarrāḥī-yi Pilāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, p. 173
  10. ↑ Mūsavī Sabzivārī, al-Istinsākh bayn al-Taqnīyya va al-Tashrī‘, p. 46
  11. ↑ Murtaḍavī, and Nurūzī, Barrisī-yi Ab‘ād-i Fiqhī-yi Hamzādsāzī va Badalsāzī-yi Insānī, pp. 106–107
  12. ↑ Mūsavī Sabzivārī, al-Istinsākh bayn al-Taqnīyya va al-Tashrī‘, pp. 54–63
  13. ↑ Ḥā’irī, Shabīhsāzī-yi Insān, p. 30
  14. ↑ Nāẓimzādi Qomī, Jarrāḥī-yi Pilāstīk va Shabīhsāzī-yi Insān az Nigāh-i Fiqh, p. 174
  15. ↑ Ibid, p. 179
  16. ↑ Ḥā’irī, Shabīhsāzī-yi Insān, p. 35
  17. ↑ Mūsavī Sabzivārī, al-Istinsākh bayn al-Taqnīyya va al-Tashrī‘, pp. 44–45
  18. ↑ 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
  19. ↑ Fāḍil Lankarānī, Aḥkām-i Pizishkān va Bīmārān, p. 94
  20. ↑ Ḥakīm, Fiqh al-Istinsākh al-Basharī va Fatāvī al-Ṭibbīyyah, p. 42
  21. ↑ Sīstānī, Pursish va Pāsukh (questions and answers), Liqāḥ-i Maṣnū‘ī (in vitro fertilization), website of Ayatollah Sistani’s office
  22. ↑ Javāhirī, Taqsīm-i Janīnī va Shabīhsāzī, p. 85
  23. ↑ Mu’min, Shabīhsāzī, p. 80
  24. ↑ A group of authors, al-Fiqh al-Ṭibbī, p. 171
  25. ↑ Mūsavī, Qarārāt Majma’ al-Fiqh al-Islāmī, p. 282
  26. ↑ Al-Ashqar, Abḥāth Ijtihādīyyah fī al-Fiqh al-Ṭibbī, p. 36
  27. ↑ Taskhīrī, Nigāhī bi Muḍū‘-i Shabīhsāzī-yi Insān bi Kumak-i Tiknuluzhī-yi Jadīd, p. 60
  28. ↑ Subḥānī, Istiftā’āt, vol. 2, p. 256
  29. ↑ Mu’min, Shabīhsāzī, pp. 51–52
  30. ↑ See for instance: Baḥrānī, al-Burhān, vol. 2, p. 175
  31. ↑ Mu’min, Shabīhsāzī, p. 52
  32. ↑ Tabrīzī, Ṣirāṭ al-Najāt, vol. 7, p. 230; Subḥānī, Istiftā’āt, vol. 2, p. 256
  33. ↑ Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 288
  34. ↑ Ibid, p. 289
  35. ↑ Ḥā’irī, Shabīhsāzī-yi Insān, p. 36; Javāhirī, Buḥūth fī al-Fiqh al-Mu‘āṣir, vol. 2, p. 302
  36. ↑ Mohammadī Qā’īnī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 289.
  37. ↑ 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
  38. ↑ Kulaynī, al-Kāfī, vol. 5, p. 541
  39. ↑ Javāhirī, Taqsīm-i Sillūlī va Shabīhsāzī, p. 87
  40. ↑ Mu’min, Shabīhsāzī, pp. 53–54
  41. ↑ Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, pp. 287–300
  42. ↑ Javāhirī, Taqsīm-i Sillūlī va Shabīhsāzī, p. 88
  43. ↑ Mu’min, Shabīhsāzī, pp. 54-55
  44. ↑ Mohammadī Qā’inī, al-Mabsūṭ fī Fiqh al-Masā’il al-Mu‘āṣirah (al-Masā’il al-Ṭibbīyyah), vol. 2, p. 292
  45. ↑ Kulaynī, al-Kāfī, vol. 3, p. 108
  46. ↑ Sheikh Ṣadūq, Man lā Yaḥḍuruh al-Faqīh, vol. 4, p. 171
  47. ↑ Ḥā’irī, Shabīhsāzī-yi Insān, pp. 36–38
  48. ↑ Mu’min, Shabīhsāzī, p. 87
  49. ↑ A group of authors, al-Fiqh al-Ṭibbī, p. 171
  50. ↑ Abulbaṣal, ‘Amalīyyāt al-Tansīl, p. 657
  51. ↑ Ibid, p. 658
  52. ↑ A group of authors, al-Fiqh al-Ṭibbī, p. 171
  53. ↑ Ibid
  54. ↑ Murtaḍavī, and Nurūzī, Barrisī-yi Ab‘ād-i Fiqhī-yi Hamzādsāzī va Badalsāzī-yi Insānī, p. 113
  55. ↑ Mu‘īnīfar, and Ḥājī-Alī, Nasab-i Ṭifl-i Shabīhsāzī Shudi dar Niẓām-i Ḥuqūqī-yi Islām, p. 115
  56. ↑ Sīstānī, Pursish va Pāsukh (questions and answers), Liqāḥ-i Maṣnū‘ī (in vitro fertilization), website of Ayatollah Sistani’s office
  57. ↑ Khū’ī, Masā’il va Rudūd, vol. 2, p. 320; Muḥsinī, al-Fiqh va Masā’il Ṭibbīyyah, vol. 1, p. 409
  58. ↑ Ḥā’irī, Shabīhsāzī-yi Insān, pp. 39–40
  59. ↑ Mu’min, Shabīhsāzī, p. 88
  60. ↑ Khomeini, Taḥrīr al-Vasīla, p. 990
  61. ↑ Fāḍil Lankarānī, Aḥkām-i Pizishkī va Bīmārān, p. 96
  62. ↑ Muntaẓirī, Aḥkām-i Pizishkī, p. 87
  63. ↑ Mu’min, Shabīhsāzī, p. 87
  64. ↑ Khamenei, Aḥkām-i Pizishkī, p. 33
  65. ↑ Mu’min, Shabīhsāzī, p. 88
  66. ↑ Jannātī, Guft va Gū bā Āyatullāh Jannātī, p. 21
  67. ↑ Ḥā’irī, Shabīhsāzī-yi Insān, p. 41
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