Islamic Center of Southern California

The Arguments of Islamic Law Rulings on Recent Medical Issues

Topic Thirty Six

Genetic Engineering and Its Impact on Man and His Food

Definition

1. The term "genetic engineering" consists of two words:

a. "engineering," which means here manipulating the sequential order of the genetic code and rearrangement of gene chemical formulae through in vitro extraction (separation of genes from each other) and insertion (inserting donated genes into a host organism), using scientific techniques;

b. "genetic," and it refers to genes, the chemical formulae of which a living organism is made.

2. The roots of genetic engineering go back to the year 1953, when two scientists, Watson and Crick, discovered the formula of DNA, or chromosomes. It was already known that a human cell had twenty three pairs of chromosomes, all of which are similar except the sexual pair, where one of the two chromosomes, X, is long and the other, Y, is short. Each chromosome has two DNA strands, linked to form a chain and arranged in a structure resembling a twisted ladder. Watson and Crick discovered the actual structure of DNA. In every human cell the DNA resembles a cassette tape 2800 km long. DNA is composed of a group of nucleotides, each of which is formed of:

a. phosphates and a five-carbon sugar (deoxyribose)

b. a set of nitrogen bases: adenine, cytosine, guanine, and thymine. The thymine in one of the chains is linked to the adenine in the other, and cytosine is linked to guanine.

It has been established, beyond any doubt, that it is the deoxyribonucleic acid (DNA) that carries genetic information. Next, scientists discovered the method in which bio-genetic information is recorded in the form of a chemical code.

In 1974, Australian scientist Stanley N. Cohen managed to develop a method of genetic grafting, known as a chromosome hybridization procedure, from a frog to colon bacteria. In the same year, the first public debate was held on the experiments of reordering the DNA, i.e. DNA engineering technology. As a consequence, the first commercial laboratory to employ genetic engineering technology, known as Genetech, was set up. The 1980s was a decade of great activity in the field of genetic engineering applications, such as insulin production and gene transplants from one plant to another.

3. When genetic engineering was first conceived, it was with the idea of serving mankind through genetic modification, which is achieved in one of two ways.

The first way is indirect, and it takes the form of modification of the genetic code of organisms. Examples of this are many, and they include the genetic modification of plants; genetic culture of microorganisms, such as bacteria; and animal genetic engineering or what is known as the production of transgenic animals

The second way is direct, and it takes the form of modification of the genetic code of man himself in an attempt to improve the health conditions of patients with genetic disorders or to conduct an early monitoring of embryos through genetic investigation. All such studies fall within the category of gene therapy.

4. Actually, the applications of this technology are still somewhat uncertain in regards to future hazards, whether to human beings or to other creatures.

a. The hazards involved in genetic engineering applications in animals, plants and microorganisms, include the absence of scientific controls to guarantee that no genetic tampering that threatens the safety of animals takes place. Some genetically modified animals have an obscure gene that may be hazardous to human and environmental health.

b. The hazards involved in genetic engineering applications in human beings include genetic tampering with bacterial (stem) cells, which will produce later, at the age of puberty, sexual cells (sperms and ova). Such tampering may lead to lineage confusion. Another hazard is the potential damage from gene therapy, which is still in the stage of experimentation, which poses the possibility of death or deformity caused by the viruses used in gene transfer or by error in locating a gene on a chromosome of the patient'.

The Legal Position Chosen by the IOMS and Its Argument

On the subject of genetic engineering, the IOMS twelfth seminar in 1998 made, at its conclusion, a distinction between human beings and other creatures.

1. Using genetic engineering for human beings is permissible if it is for purposes of disease prevention or therapy, provided that controls are applied to seek benefit, avoid harm, and prevent any confusion of lineage.

2. As for genetic engineering in the case of plants and animals, it is generally permissible, provided that three points are taken into consideration:

The first point is a warning against the possibility of long-term diseases that are harmful to human beings and the environment.

The second is that it should be declared whether an animal or plant source is natural or produced through genetic engineering, and the genetically engineered percentage should be pointed out, so that consumers may know the facts.

The third point is that it is advisable to follow the recommendations and resolutions of the United States Food and Drug Administration, the World Health Organization, and the UN Food and Agriculture Organization.

The seminar calls for the establishment of consumer protection and awareness organizations.

The recommendations of the twelfth seminar include the following:

The seminar discussed the subject of genetic engineering and the apprehensions that accompanied its birth in the 1970s if no controls were made for its application, as it is a two-edged weapon that can be used for good and for evil purposes.

The seminar reached the conclusion that genetic engineering may be applied to prevent or treat a disease or reduce the suffering caused by illness. The permissibility includes genetic surgery to replace one gene with another, introduce a gene into one of the patient's cells, or transplant a gene from one organism to another to produce large quantities of the matter secreted by that gene. The seminar, however, forbids the employment of genetic engineering with germ cells because of the legal dangers involved in such an application. The seminar stresses that it is imperative that states should subsidize the provision of such services to their modest-income subjects who need them, because they are very expensive.

The seminar holds that it is unlawful to use genetic engineering for evil or aggressive purposes or to cross the genetic lines from one species to another for the purpose of producing transgenic creatures, out of frivolity or scientific curiosity.

The seminar also finds it unlawful to use genetic engineering for changing the genetic blueprint, a pursuit which is known as improvement of the human race. Therefore any genetic tampering with the human personality or intervention in a person's competence for individual responsibility is prohibited by Islamic Law.

The seminar warns against the monopolization of scientific progress and against making profit the major goal of that progress, which would deprive the poor from benefiting from scientific achievements. The seminar endorses the United Nations' decision to set up centers of genetic engineering research in developing countries, train the persons needed to work in these centers, and furnish the centers with what is required.

The seminar can see no legal objection to the employment of genetic engineering in the fields of agriculture and animal husbandry, but, at the same time, the seminar does not ignore the recent warnings against the possibility of long-term harmful consequence for human beings, animals, and plants.

The seminar believes that companies and factories which produce foods of animal or plant origin should inform the public which items offered for sale are produced through genetic engineering and which are one hundred per cent natural, so that consumers may know what they are buying. Moreover, the seminar urges governments to be fully on their guard and watch the outcome of such genetic engineering activities and to follow the recommendations and resolutions of the United States Food and Drug Administration, the World Health Organization, and the UN Food and Agriculture Organization in these regards. The seminar recommends the establishment of organizations for consumer protection and education in Islamic countries.

The same recommendations (those of the twelfth seminar), have General Principles Concerning Genetic Engineering as their first item. Among these principles are:

10. Islamic countries should enter the field of genetic engineering and set up centers for research in this field, which should be complementary to each other as much as possible. The necessary manpower should be trained to serve as staff for these centers. . . .

12. Scholars of the Islamic Nation should write works that simplify the scientific details related to heredity and genetic engineering, in order to spread and augment awareness about the subject.

13. Islamic countries should introduce genetic engineering into the syllabi of the various stages of their educational system, with wider attention to those subjects in the stages of college and post-graduate studies.

14. Islamic countries should increase public awareness of the developments in the field of genetics and genetic engineering through local media, and should state the ruling of Islamic Law on each question in this field.

15. The seminar recommends the task of following new scientific developments in this field to be entrusted to the IOMS, with similar seminars organized when something new occurs to make the appropriate recommendations.

Remarks on the recommendations of the twelfth seminar, held in Kuwait in 1983, concerning genetic engineering:

1. In item 15 of the general principles, the IOMS made the promise of following new scientific developments in the field of genetic engineering and to hold similar seminars in the future, but so far no invitations to such a seminar have been extended.

2. In item 12 of the general principles, the IOMS recommended the publication of works that simplify the scientific details related to genetic engineering, but this recommendation has not been translated into letters addressed to schools of medicine and colleges of Islamic Jurisprudence (fiqh), in order to put the recommendation into effect. I call for awards or appreciation certificates to be offered to encourage writers in the field.

3. The seminar recommended the establishment of organizations of consumer protection from the hazards of genetically engineered products in Islamic countries. I wonder what steps have been taken to put this into action. Islamic Center of Southern California