چکیده:
With regard to human cloning or artificial human reproduction – and contrary to the opinions of Sunni scholars - Shiite thinkers have not held a unified position. After having surveyed a number of Shiite fatwas and analyses on the subject, this essay will classify them into four groups. The first group states that we are granted absolute permission to engage in human cloning; while the second group believes that there is limited permission; the third group argues that cloning as such is primarily permitted but because of its consequences and secondary grounds it is prohibited and unlawful; and the fourth group is of the view that cloning as such and by itself is prohibited and unlawful. In what follows, the author has examined these four views, ending in support of the permission theory.
خلاصه ماشینی:
Human cloning, Sayyid Musawi Sabzewari holds, may logically be found in three cases: the first case is essential prohibition meaning that the nature of the action is regarded as unlawful because it entails a type of genetic modification in the creation of God. The second is primary legal prohibition such as the prohibition of sins like adultery and drinking wine.
16 b) Limited Permission Relying on the extant texts and the related primary principle in this case, some other jurists have held that human cloning is allowable; however, they are of the view that the widespread performance of human cloning may lead to problems such as the creation of identical people and the difficulty of telling them apart.
b) The Examination of the Secondary Prohibition Theory Although the majority of pro-cloning jurists allow for human cloning according to the primary principle of permission, they prohibit it on secondary grounds due to its evil consequences.
From among these scholars, and despite its permissibility on primary grounds, Ayatollah Makarim Shirazi has proposed this theory in detail, giving his three arguments from the standpoint of ethical, legal, and social issues.
‖56 Shiite scholars do not issue the prohibiting fatwa as a lawful preliminary action for an unlawful end, however logical a connection they may have, let alone human cloning and its so-called consequences which entail no such logical correlation.
However, an opponent of human cloning, Ayatollah Sayyid Kazim Ha‘iri, has referred to the customary concept of motherhood in order to claim that the owner of the ovule is the mother and the owner of the cell nucleus is the father.