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| Cloning: Islamic View IOMS Recommendations of the 9th Fiqh-Medical Seminar Human Cloning A. Introduction The Islamic Organisation for Medical
Sciences (IOMS) convened a seminar in 1983 on "Reproduction in
Islam", in which two papers were presented dealing with the
possibility of human cloning as a Result of successful cloning in plants,
frogs and small marine animals. The Seminar made the following
recommendation: "To exercise prudence in giving a Shari'ah-based
opinion on human cloning (as achieved in animals) and to call for further
medical and Islamic investigation of these issues. It would be possible to
apply genetic engineering of micro-organisms using the recombinant DNA
technology to produce medicinal substances in abundant supply." Since 1993, when an identical twin was
produced by splitting a fertilised egg, and later when cloning of 'Dolly'
the sheep was announced in February 1997, cloning has returned into the
forefront of medical debate with much intensity and urgency. Then followed
an announcement on the successful cloning of two monkeys at the University
of Oregon in the United States of America. Since the techniques used in
these operations are supposedly adequate for use on humans, the matter has
assumed fresh urgency and provoked strong reactions. Although no
announcements of human cloning have yet been made, the need to pre-empt
that possibility and understand its potential implications and draw up
appropriate legal and moral responses to it, has moved several Western
countries to ban or suspend, for a number of years, experiments involving
humans in order to allow further investigation of the matter . For these
reasons, the IOMS has taken the initiative to put this matter up for
discussion at the Seminar. B. Defining Cloning: Cloning is the production of two or more
beings that are complete genetic copies of one another. There are two
types of cloning: I. Cloning by induced identical twinning. As the fertilized egg splits into two cells, each of them is then induced to make a fresh start and behave as if it were the original fertilised egg. Each half would then II. Ordinary cloning, which is achieved by
injecting a nucleus from a somatic cell of an adult animal into an egg
whose nucleus had been removed. The cell would then grow into a foetus
that would be a true genetic copy of the adult living animal from which
the somatic cell nucleus was taken. C. Discussion: The Seminar discussed at length the medical
aspects of this matter, and arrived at the following main conclusions
relating to cloning: 1 .In 1993, human twins were produced by
the splitting method, which stimulates the fertilised egg to follow its
natural course towards producing identical twins. Each of the initial two
daughter cells would then behave as a new fertilised egg in its own right
and would grow by dividing itself to form a separate foetus. If the two
foetuses were planted in the womb, the result would be identical twins.
The debate was not completed since the two scientists in charge of the
experiment refrained from planting the eggs in the womb. In fact, they
chose to experiment with a defective cell that would divide only until an
early stage, due to the sensitivity and seriousness of experimenting with
human foetuses- More time is, therefore, required to establish a proper
ethical and legal framework for this type of work. The Seminar had no
objections, in principle, to this method of fertilisation, but deemed it
too early to evaluate its advantages and disadvantages. Of its immediate
benefits is the application of diagnostic methods on either twin or some
ofits cells to establish their normalcy before introduction into the womb.
It could also be useful in treating certain infertility cases, subject to
all the controls governing test-tube baby procedures. The Seminar
discussed thoroughly the new techniques of cloning, in the light of the
case of Dolly the sheep and looked at some of the consequences of
producing a foetus (later to be born), which is an exact genetic copy of
the original, except for the presence of a very few cytoplasmic genes in
the cytoplasm of the recipient egg. 2. It emerged that cloning would be fraught
with risk, if ever its application is approved. The risks include the
infringement on the individuality and identity of the person, undermining
the stability of the social order, and the destruction of the bases of
blood relationships and established age-old family ties, recognised by the
Islamic Shari'ah and all other religions as the foundation of the family
and of social order. This would have serious repercussions on the
principles governing blood ties, marriage and inheritance, as well as on
civil, criminal and other laws. Numerous hypotheses and possibilities were
cited in this connection. The Seminar rejected outright as haram any
proposals that would impinge on the legal marriage contractor -introducing
a third party into it. Some distinguished Islamic jurists cited certain
ideological, ethical and juridical rulings and principles that had direct
relevance to the cloning issue. 3 . Reference was also made to the fact
that public reaction to cloning in certain Western countries, including
those where its researches were carried out, was extremely strong and
reflected deep reservations. Some of these countries had already banned
research on human cloning, while others have withdrawn state funding from
such research. Some, however, had suspended research for a number of years
and assigned specialist commit- tees to re-examine the issue. The Seminar
was concerned that private funding and pharmaceutical com panies might
ignore these considerations and pursue research in third world countries,
exploiting them to carry out human cloning experiments, as they had done
in other cases on many occasions in the past. 4 . The Seminar emphasised that Islam
imposes no restrictions on scientific research, but considers it a
religious duty and encourages it as a means of understanding God's
traditions in His creation. However, Islam advocates that the doors of
scientific study should not be left wide open for the application of the
results of research in the public domain without proper examination by
Shari'ah experts. Not everything that is practicable is necessarily
applicable, but should be free of any harmful effects and in line with the
rules of Shari'ah. Since some of the untoward effects do not become
apparent untjl some time later, it is important to give full consideration
and adequate time to the issues involved and take all possible
precautions. 5 . Based on these unanimously agreed
considerations, some participants were of the view that human cloning was
not permissible in any way, shape or form. Others, however, thought that
certain, present and future, exceptions may be made, if their benefits are
proved and they could be accommodated by the Shari'ah, provided each case
is considered on its own merits. 6. In any case, human cloning is still a
long way away, and the evaluation of its immediate advantages and
disadvantages may vary with the passage of time. It would, even, be
premature to say that after so many years of genetic engineering in
plants, its safety for humans has been definitely established. Its
applications in animals is as yet in its very early stages.
Unpredictability is probably the greatest concern in this respect. Mankind
should not forget the lessons of splitting the atom whose unexpected
consequences emerged only after some time. Close monitoring of plant and
animal cloning experiments must, therefore, continue for a considerable
time. 7 .The Seminar noted with regret that the
Muslim world continues to follow blindly in the footsteps of the West in
the fields of modern biological sciences. It called for the establishment
of the necessary academic institutions to undertake this work according to
the teachings of the Shari'ah. 8 .The Seminar sees no objection to the
application of cloning and genetic engineering techniques on plants and
animals within the considered restrictions. D. Recommendations The Seminar passed the following
recommendations: I. All cases introducing third parties into
a marriage, whether a womb, an egg, a sperm or a cloning cell are not
permissible. II. Ordinary human cloning, in which the
nucleus of a living somatic cell from an individual is placed into the
cytoplasm of an egg devoid of its nucleus, is not to be permitted. If
exceptional cases emerge in the future, they should be considered to
verify compliance with the Shari'ah. III All
Muslim countries are called upon to formulate the necessary legislation to
prevent foreign research institutes, organisations and experts from
directly or in directly using Muslim countries for experimentation on
human cloning or promoting it. IV. The Islamic Organisation for Medical
Sciences and other similar bodies are called upon to monitor all
scientific developments in the field of cloning and define its terminology
and organise seminars and meetings, as required, to determine and
articulate the Islamic rulings and principles pertaining thereto. V. Specialised committees should be set up to look into the ethics of biological research and adopt protocols for study and research in Muslim countries, and prepare a document on foetal rights as a prelude to formulate legislation on the rights of the foetus. |