What adds more complications to this subject is that: first, it is not certain that scientists achieve what they claim. Second, there might be other alternatives with the same advantages and without the mentioned ethical issues. Such alternatives have already been proposed such as using adult stem cells.
The most concerns made by the opposition about litigation of therapeutic cloning are on two axes. The first issue is the destruction of the initial embryos which is considered as disrespect of the newly-reproduced human and the initial point of human life. Second, there is the fear that if the reproductive cloning is banned and the therapeutic cloning becomes free, whereas the initial procedures and techniques of both of the methods are similar, the freedom is abused in this regard and the embryos are developed for the purpose of human cloning.
This concern is so serious that the American government strongly criticized to United Nations in a declaration on putting therapeutic cloning out of control and knew it a way to operate reproductive cloning. Because the research institutes which clone the human embryo are able to use it for any purpose; for example, transferring the human embryo to a hired uterus and reproducing it to a human fetus.
In spite of all respect for the new life in the frame of human embryo, supporters of therapeutic cloning believe that human dignity and legal status of the six-day embryo is never equal to a mature human and therefore, the moral problems arising from damage of the embryo are fewer than what the opponents claim. They consider an average value for human embryos and believe that using the human embryo at the first stage of development is not objected if cloning is operated in the precise legal framework.
Some others believe that embryo is a string of cells and it is worth as much as other cells in a body; thus, doing researches on ancestral cell and therapeutic cloning are the same as other cellular and molecular biology researches and they do not have any types of moral problems. To prevent from long-term culture of embryo and future abuse from it, the experiments will be done on embryos of less than day-old. At this stage, organs are not differentiated yet.
Supporters agree with the laws which put therapeutic cloning operation in the certain framework and by controlling the process of cloning operation prevent from any abuse and violation from the related regulations. They believe that the benefits of therapeutic cloning are so many that the technology cannot be ignored due to ethical problems.
This subject is important because reproductive and therapeutic cloning is considered a new technology and is different and various related aspects should be recognized and studied and put into the legal content. In idea of the religious intellects consider the sanctity of the matter to be so obvious that the opportunity for criticism and discussion of the followers in this area is closed.
Some of Sunni scholars exceptionally authorize it in some cases such as treatment of infertility, providing that the technology is guaranteed to be harmless.
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To keep sanctity of human cloning, some declare the doubtful speech that the cloning process changes the creation process by God and it is an act of evil and forbidden. This challenge is stated by some of the Sunni scholars. They refer to some of the verses and cited comments to emphasize on sanctity of changing creation.
Accordingly, change of creation is the temptation of Devil and Devil also tempts to corruption, prostitution and sins; thus, changes in creation is prohibited. Generally, the views of Shia scholars on human cloning can be classified in four categories of i. The total permit for human cloning: Some of jurists and scholars allow the cloning due to lack of specific documents and clear evidence on the sanctity of cloning and according to the principle of permissibility. For example, Ayatollah Sistani and Ayatollah Fazel Lankarani considered human cloning not to be problematic if is limited to reconstruction of tissue damages.
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Also, Ayatollah Moosavi Ardabili believes that there is no strict reason for sanctity of human cloning and this operation is permissible if is limited to reconstruction of tissue damages. According to reports by Professor Hassan Javaheri, there is no problem on cloning happening in nature, but it is not legal to be undertaken at large scale. Therefore, to prevent from such corruption, the human cloning is considered as the secondary prohibition.
Ayatollah Yoosef Sanei also stated that normalizing and legalizing the cloning in a manner that it is considered the same as having children by marriage, is absolutely not compatible with Islamic regulations and jurisprudence and it results in corruptions which must necessarily be avoided legally, socially, ethically and developmentally. He has declared that the prevention and punishment of its perpetrators and attempters is a must and a rational and religious assumption for all humans especially, legal and executive authorities and propagators.
However, he allowed human cloning in rare cases and necessities when it is beneficial for human health and also the use of its scientific aspects; such as the cloning of organs for treatment purpose.
According to changes in creation and based on the principle of non-possession of body for human and therefore, the danger and necessity of permissibility in this regard showed the ultimate prohibition of human cloning. Despite the four categories and disagreements, most of the jurists banned human cloning.
Cloning Should Be Banned
In other words, although according to the principle of presumption of innocence, initially, most of the Islamic intellects ruled on its natural permissibility and those who agreed and prescribed the cloning mentioned some of the applications and functions of this technology. But ultimately, a large number of the Muslim jurists considered it as the secondary prohibition despite its primary and natural permissibility. The significance of jurisprudential analysis of therapeutic cloning is due to the unique features of the technique which play a crucial and exclusive role in treatment of incurable and deadly diseases.
Despite such a wonderful role, whose aspects reveal development of scientific researches everyday, it is required that the jurisprudence has comment on the mentioned problem, the problem which is referred as the loss of ethical dignity and human right on the embryo. When embryo is developed, three actions can be undertaken including, i To allow to be destroyed, ii To place it in uterus where it develops into a human similar to the donor of the cell in terms of growth, and iii T use it to obtain stem cells.
The operation is the third stage of therapeutic cloning which is described later. It should be known that which one of the three stages of therapeutic cloning is permitted and which is not? Naturally, if only one of the stages is considered prohibited, it is not possible to give fatwa of permission for therapeutic cloning which includes all the stages. The permission of therapeutic cloning is subject to permissibility of all the stages. Now to review the three stages: The first stage is the use of the cell from human body which is automatically not objected. If there is a problem, it is in the next stages which are not related to this stage.
In the second stage, the cell is processed and developed for the next stage when the cell is at 6 or 7-day of age.
Human cloning essay
In this process, three actions should be done: i Enucleation of cell, ii Placing it into the enucleated oocyte, and iii Simulating the oocyte by chemical or electrical current to start cell division. This type of manipulation in this stage is not prohibitive itself. The only problem is that it might be banned as the point of prohibition. Of course, this initial point is the time when we know that if the operation begins and due to loss of control, the opportunity of abuse in the situation is available and the development of human embryo becomes inevitable.
If human cloning, either as primary or secondary, is a prohibited operation, the operation as the starting point of prohibition will be prevented. But, the third stage is the extraction of the hidden cell mass in the embryo for culturing and obtaining stem cells. This problem caused a serious disagreement in Christianity and Islam in this stage. The problem is the extraction of cell mass which results in disappearing and killing of the fetus and its potential to become a human. Naturally, there is a difference between the three categories.
The category of sanctity for murder is more severe than the sanctity for the second and third categories. In the third one, the most important rule can be performed easier and more; that is, based on this theory, it can be said that although embryo destruction is banned, whenever a human is suffering from a severe illness and sometimes leading to death, with respect to the more importance of the human life, the embryo is allowed to be destroyed to obtain the stem cell to treat the patient. As cloning is not still very common and is in the stage of development and has not been tested after birth, the countries with cloning technology do not have a complete and codified law for it.
Human cloning may legally cause problems, including the reproduced individual that will be completely similar to the genetic donor, even his fingerprints, and it is exclusive for everybody and considered as the major factor to arrest the offender. So the genetic owner can commit a crime and escape from law, and allocate his action to the cloned individual or vice versa. Thus, the rights and freedom of both of them will be withdrawn.
The Challenge Of Human Cloning Pros And Cons Philosophy Essay
In addition, the real culprit will not be identified and the rights of the accused person will be ignored. The cloned human does not have a father because it is not from the male sperm and a mother because it is not by composition of gamete and a sister and a brother and a relative, and it is grown in the uterus which is not of his mother but the surrogate mother.
In brief, he is an individual with no relativity. If a virgin woman has a child by cloning of her sexual cell, is her pregnancy legitimate or not? And is the born baby her clone or sister or daughter? Who does the cloned individual inherits? If somebody kills the cloned individual, what are the rules for compensation or retribution?
And who is responsible for alimony and custodianship of the cloned individual?
There are some other legal problems too. One of the tens of reasons for brain drain is lack of right and proper laws to protect scientists and intellects. At the time of writing the review, it is unlikely that individuals or centers in the country, process the idea of the human cloning and perhaps, they have made arrangements and taken into action in this field. This idea and the probability of its occurrence have revealed the lawful Iranian responsibility more than before and showed the necessity of taking immediate action to fill this legal gap. It seems that the prospects of every country about therapeutic cloning are dependent on the worth of human embryo in the legal system.
Certainly, in the countries where the value of embryonic and fetal is not considered equal to life or even health of the human and due to different reasons, abortion is not legally banned, the therapeutic cloning encounter less challenges. To clarify the criminal liabilities of physicians and law of human cases in genetic experiments and new therapeutic methods such as cloning, the Iranian criminal laws should be studied.
Unfortunately, the law of Iran has not changed along with developments and progresses in medical sciences, and Iran is one of the countries where law has not passed about cloning. The only available regulations in our country codified by consultative committees are affiliated to the research institutes include two documents and despite that they are called by laws, the executive bylaws of ethical principles in researches of medical sciences and ethical guides of researches on gametes and embryos, they lack legal standards and sanction and as their titles suggest, they should be called ethics doctrine.
Thus, only those cases of Islamic penal code approved in and law on method of donating embryos to infertile couples approved in are to be responsive to new challenges. Some might argue that based on principle constitution law states that the judge is bound to endeavor to find the ruling on every case in the law and if not found, according to Islamic sources or fatwa, would issue the ruling. They cannot refuse handling of the case and issuing the ruling under the pretext of silence or deficiency or brevity or conflict of laws.
The rule of law can be derived if required, a legal action can be taken into account. In reply to such cases, it should be said that on one hand, the principle mostly includes the civil cases and if its content is accepted in criminal issues, case issues not phenomenon to this extent, would be with effective outcome.
The prospects of scholars and views of Islamic jurists and different fatwas and often conflicting responses with uncertainty in dealing with various issues of this technology, are additional reasons to the inadequacy of the response. Although mostly after the emergence of the phenomena and the related challenges, legislators take actions to pass and approve laws with respect to requirements and structure and sources and development capacities of civil rights and future legal researches, if the time gap lengthens between the phenomena and provision of the necessary related law, it causes corruption and irreparable consequences; especially, on the critical and vital issues which have created great concerns about human rights and criminal laws for the human of the third millennium.
If person or persons practice human cloning, what legal acts are there to deal with them? Are there any rules considered in the related laws to take legal actions against the operators and users of the technology? If yes, to what extent are they expressive and comprehensive and if not, what should be done against the practice and the perpetrators?