Islamic Center of Southern California

The Arguments of Islamic Law Rulings on Recent Medical Issues

Topic Three

Plant, Animal, and Human Cloning 59

Definition

Cloning is the common term used to describe the method in which the goat Dolly was produced. The recommendations of the tenth IOMS seminar say, "The technology that led to the production of the goat Dolly was depositing the nucleus of a body cell inside an ovum whose own nucleus had been removed, so that the ovum would start to divide and form an embryo." 60

Cloning is conducted on plants, animals, and human beings.

The scientists of bio-technologies say that cloning is a general term for three types.

The first type is embryonic (twin producing) cloning, which means the splitting of an embryo (a zygote that has multiplied) so that each of the new cells may form a separate embryo. This technique was revealed by scientists Jerry Hall and Robert Stillman in October, 1993.

The second type is ordinary or body cloning, which means the production of infants from adult body cells, which are implanted into an ovum whose nucleus is removed in order to divide and form an embryo. The produced infant will be an exact reproduction of the original. The application of this type in the cattle group of the mammal class was announced in February 1997 by a team of Scottish scientists, led by Ian Wilmot.

The third type of cloning is organ cloning, which is the cloning of certain organs, such as liver, heart, or skin. There are details related to this type which will shortly be mentioned, and it will be also casually mentioned in explaining the ruling on using stem cells of aborted embryos or surplus embryos in a test-tube baby procedure. 61

The Legal Position Chosen by the IOMS on Plant Cloning and Its Argument

The IOMS reached the same ruling on the permissibility of plant cloning in its first seminar, Reproduction in Islam, in 1983, and tenth seminar in 1997.

One of the recommendations of the Reproduction seminar says, "There is an agreement that it is lawful to apply genetic engineering technology to microorganism, by using recombinant DNA in the field of producing therapeutic drugs in abundant quantities."

The recommendations of the tenth seminar include the following: "The seminar finds no objection to the employment of cloning and genetic engineering technologies in the fields of plants and animals under the recognized controls."

The Legal Position Chosen by the IOMS on Animal Cloning and Its Argument

In its tenth seminar, the IOMS supported the view held by the majority of scholars, which permits animal cloning. In its recommendations, the seminar, as quoted above, "finds no objection to the employment of cloning and genetic engineering technologies in the fields of plants and animals under the recognized controls."

The Viewpoint of the Islamic Jurisprudence Academy on Plant and Animal Cloning

The Academy - in its tenth session in Jedda , Safar 23 - 28, 1418 H. (June 28 - July 3, 1997) - approved the technology of plant and animal cloning and recommended that "It is permissible in Islamic Law to apply the technologies of cloning and genetic engineering to germs, all other microorganisms, plants and animals, under the controls of Islamic Law and in a manner that achieves benefits and prevents harm."

The Legal Position Chosen by the IOMS on Human

Embryonic (Twin-Producing) Cloning and Its Argument

1. In its first seminar, the one on Reproduction, in 1983, the IOMS refrained from adopting an absolute ruling on human cloning. "The seminar recommends further medical and jurisprudence (fiqh) study of the question related to human cloning, and does not favor a hasty ruling on this matter."

2. Later, in its tenth seminar of 1997, the IOMS approved this kind of cloning. The seminar's recommendations quote one part of the discussion of the subject and say:

The seminar finds the method of twin-producing cloning sound in principle, but its evaluation, as to benefit and harm, is to be left to the future. Its immediate benefits include the possibility of applying diagnostic measures to one of the two embryos or to some of its cells. If the embryo is found to be healthy, it can be deposited in the uterus. Another immediate benefit is that it copes with some sterility problems. All the controls relevant to test-tube babies are applicable to this kind of cloning.

The Legal Position Chosen by the IOMS on Ordinary

Human Cloning or Body Cloning and Its Argument

1. In its first seminar in 1983, the IOMS refrained from reaching an absolute ruling on human cloning. It recommended "further medical and jurisprudence (fiqh) study of the question related to human cloning" and said that it "does not favor a hasty ruling on this matter."

2. Later, the IOMS opted for allowing an opening by which body cloning is exceptionally permitted under Islamic legal controls, although more weight is given to abstaining as a principle and prohibition of application. This is a recommendation of the tenth seminar of 1997, which refers to part of the debate on the question. It says:

Some scholars argue that human cloning should be categorically prohibited. Others prefer to allow for present or future exceptions if certain procedures prove to be useful and fall within the limits of Islamic Law, provided that each case be considered separately.

At any rate, it is much too soon to speak of human cloning, as the present assessment of benefits and adverse effects may have to be reconsidered after a long period of time.

The recommendations of the seminar include "the prevention of ordinary human cloning. If exceptional cases surface in the future, they will have to be submitted for consideration so that the legal ruling that applies to them, whether permission or prohibition may be arrived at."

The Legal Position Chosen by the IOMS on the Cloning of Human Organs

The IOMS overlooked the question of human organ cloning and gave it no mention in its recommendations. Probably that was because the practical application of that type of cloning was very unlikely or because the ruling on organ transplants applies to it.

59 The IOMS addressed this question in two seminars. The first was the Seminar on Reproduction in Islam, the first of the Organization's seminars in the period of May 24 - 26, 1983. The second was the tenth, which addressed Certain Contemporary Medical Questions and washeld in Casablanca in the period of June 16 - 17, 1997.

60 Recommendations of the Tenth Seminar, p. 510. Islamic Center of Southern California