Cloning: Islamic Perspective
Dr. Abdulaziz Sachedina
University of Virginia
The Islamic views presented about cloning
in this article are formulated with a necessary caution. In the absence of
a central institution resembling the pope or the Vatican,
juridical-ethical opinions in the matters of the Shari`a, the religious
law of Muslims, tend to suggest plurality based on independent research
and interpretation of legal scholars in the community. Although ethical
issues associated with assisted reproductive technologies such as in vitro
fertilization has been dealt with in some detail by Muslim jurists
belonging to the major five legal rites, four Sunni and one Shi`i school,
to the knowledge of this writer, the subject of possible human cloning has
not yet been discussed. The facts about cloning are just now emerging. In
the light of better understanding of the facts regarding cloning, both
through embryo splitting as well as nuclear transplantation, and the
impact it could have upon the way Muslims conceive of human life and its
purposes, it is reasonable to expect revisions in the ethical and legal
assessment of these experiments among the scholars of Shari`a. The article
has summarized theological, ethical and legal dimensions of the issues
associated with cloning in Islam with due attention to the possible
differences in the interpretation between the Sunni and the Shi`i legists.
The Theological Dimension of the Issue:
Let us begin with the theological dimension presented in the teachings
of the Qur'an and see if there is any room for human intervention in the
workings of nature associated with reproduction.
In Chapter 23, verse 12-14, we read:
'We created (khalaqna) man of an
extraction of clay, then we set him, a drop in a safe lodging, then We
created of the drop a clot, then We created of the clot a tissue, then We
created of the tissue bones, then we covered the bones in flesh;
thereafter We produced it as another creature. So blessed be God, the Best
of creators (khaliqin)!'
Muslim commentators have drawn some
important conclusions from this and other passages that describe the
development of embryo to a full human person. First, human creation is
part of the divine will that determines the embryonic journey to a human
creature. Second, it suggests that perceivable life is possible at the
later stage in biological development of the embryo when God says:
"thereafter We produced him as another creature." Third, it
raises questions whether fetus should be accorded a status of a legal
person once it lodges in the uterus in the earlier stage. Fourth, it
allows for a possible distinction between a biological and moral person
because of the silence of the Qur'an over when the ensoulment occurs in
this process. Majority of the Sunni and some Shi`i scholars, make a
distinction between two stages in pregnancy divided by the end of the
fourth month (120 days) when, according to some traditions ascribed to the
Prophet, ensoulment takes place. On the other hand, majority of the Shi`i
and some Sunni legists have exercised caution in making such a distinction
because they regard the embryo in the pre-ensoulment stages as alive and
its eradication a sin.
The classical formulations based on the
Qur'an and the Tradition provide no universally accepted definition of the
term `embryo' with which we are concerned in our deliberations today. Nor
do these two foundational sources of the Shari`a, lend themselves to
recognize the modern biological data about the beginning of life from the
moment of impregnation. A tenable conclusion, derived by rationally
inclined interpreters of the above-cited verse of the Qur'an, suggests
that as participants in the act of creating with God, (God being the Best
of the creators) human beings can actively engage in furthering the
overall well estate of humanity by intervening in the works of nature,
including the early stages of embryonic development, to improve human
health.
Nevertheless, the Qur'an takes into account
the problem of human arrogance which takes the form of rejection of God's
frequent reminders to humanity that God's immutable laws are dominant in
the nature and human beings cannot willfully create "unless God, the
Lord of all Being, wills." (81:29) "The will of God" in the
Qur'an has often been interpreted as the "processes of nature
uninterfered with by human action." Hence, in Islam human
manipulation of genes made possible by biotechnical intervention in the
early stages of life in order to improve the health of the fetus or
cloning in the meaning of embryo splitting for the purpose of improving
the chances of fertility for a married couple is regarded as an act of
faith in the ultimate will of God as the Giver of all life.
The Ethical Dimension of the Issue:
As we move on to understand the ethical issues associated with
cloning, at the center of the debate in Islam is going to be the question
of the ways in which cloning might affect inter-human relationships. In
large measures, Muslim concerns in this connection resonate the concerns
voiced by Paul Ramsey about the social role of parenting and nurturing
interpersonal relations. Islam regards interpersonal relationships as
fundamental to human religious life. In fact, the Prophet is reported to
have said that nine-tenth of religion constitutes inter-human
relationship, whereas only one-tenth is God-human.
Since the George Washington University
Medical Center success in duplicating genetically defective human embryos
by blastomere separation in 1993, Muslims have raised questions about
manipulation of human embryos beyond IVF implantation in terms of their
impact upon the fundamental relationship between man and woman and the
life-giving aspects of spousal relations that culminate in parental love
and concern for their off-spring. The Qur'an declares sex-pairing to be a
universal law in all things. (51:49) Muslim focus of the debate on genetic
replication is concerned with moral issues related to the possibility of
technologically created incidental relationships without requiring
spiritual and moral connection between a man and a woman in such embryonic
manipulation. Can human advancement in biotechnically created
relationships jeopardize the very foundation of human community, namely, a
religiously and morally regulated spousal and parent-child relationship
under the laws of God? Hence, the more intricate issues associated with
embryo preservation and experimentation have received less emphasis in
these ethical deliberations. To be sure, since the therapeutic uses of
cloning in IVF appears as an aid to fertility strictly within the bounds
of marriage, both monogamous and polygamous, Muslims have little problem
in endorsing the technology. The opinions from the Sunni and Shi`i
scholars studied for this presentation indicate that there would be almost
a unanimity in Islamic rulings on therapeutic uses of cloning, as long as
the lineage of the child remains religiously unblemished.
Besides the relationship issue, in the
world dominated by the multi-national corporations Muslims, like other
peoples around the globe, do not treat technology as amoral. No human
action is possible without intention and will. In light of the
manipulation of genetic engineering for hugenics in the recent history, it
is reasonable for the Muslims, like the Christians and the Jews, to fear
political abuse of the reproduction technology through cloning. With its
emphasis on spiritual egality, Islam has refused to accord validity to any
claims of superiority of one people over the other. The only valid claim
to nobility in the Qur'an stems from being Godfearing.
It is obvious that ethically cloning for
purposes other than therapeutic lays enormously grave responsibility on
humans in terms of genetic improvement of quality of human life, the
authority that can make these decisions with necessary foresight and
wisdom, and the criteria that can be used in evaluating the risks and
benefits of such interventions.
The Legal Dimension of the Issue:
In Islam although religious, ethical and legal dimensions are
interrelated, it is important to understand the legal aspects of cloning
that Muslim legists would evaluate carefully in their legal reasoning to
deduce the judicial decisions on the subject. The legists are expected to
evoke the two fundamental principles of `equity' (istihsan) and `public
interest' (maslaha) to furnish a religious basis for independent legal
decisions about the subject. These two principles function as
supplementary procedures to derive rules that can be applied to formulate
new decisions and override the strict letter of law. In addition, three
major subsidiary principles or rules applied to resolve ethical dilemma
and derive judgements related to bioethical issues are: (1) `protection
against distress and constriction' (`usr wa haraj); (2) `refraining from
causing harm and loss to oneself and others' (la darar wa la dirar), and
(3) `averting causes of corruption has precedence over bringing about
benefit' (dar'u al-mafasid muqaddam `ala jalb al-masalih).
It is obvious that in light of the limited
knowledge that we have about who would be harmed by cloning or whose
rights would be violated, Muslim legal rulings are bound to reflect a
cautious and even prohibitive attitude to the cloning beyond treatment of
infertility or assessment of genetic or other abnormalities in the embryo
prior to implantation. Whereas recent breakthrough in mammal cloning
provides unique opportunity to the scientists to fathom the secrets of
God's creation, it also carries with it grave and unprecedented risks.
Nevertheless, since we do not will unless God wills, can this breakthrough
in cloning be regarded as part of the divine willing to afford human kind
yet another opportunity for moral training and maturity? The Qur'an seems
to be suggesting that embryo splitting is just that opportunity for our
over all maturity as members of the global community under God.
Source:
http://www.people.virginia.edu/~aas/issues/cloning.htm
Dr. Abdul Aziz Sachedina
Department of Religious Studies
Cocke Hall
University of Virginia
Charlottesville, VA 22903
Tel. (804) 924 6725
Fax. (804) 924-1467
E-mail: aas@virginia.edu
Website: www.people.virginia.edu/~aas/home.htm |