1- Department of Fiqh and Foundations of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran.
2- Department of Law, Faculty of Humanities, Semnan University, Semnan, Iran.
3- Department of Medical Genetics and Molecular Medicine, Faculty of Medicine, Mashhad University of Medical Sciences, Mashhad, Iran.
Abstract:
Background and Aim: "Bodily integrity" refers to the right an individual has over their physical integrity. This right includes the prohibition of causing harm, assault and any physical violation to the person. One of the novel techniques in genetic science is "germline gene editing to enhance genetic traits and characteristics". Therefore, the question arises that what is the jurisprudential ruling on germline gene editing to enhance genetic traits?
Method: The process used in this emerging technology to enhance genetic traits such as increased vision, height, intelligence, etc., is that a new, active gene with superior characteristics is injected into the egg cell through IVF and then the engineered embryo is transferred to the woman's uterus so that the changes created in the structure and function of the body are applied. In order to obtain the Sharia ruling on this new technology, a library and documentary information collection method and a descriptive-analytical method have been used.
Ethical Considerations: The authors have adhered to the originality of texts, honesty and trustworthiness in all stages of writing the research.
Results: Studies show that each gene is not solely responsible for performing an action and genes have complex interactions with each other. For this reason, the doctor cannot perform this process with certainty of the outcome of gene editing; Because this operation may be successful, but its risks may appear in future generations of the individual.
Conclusion: Review of jurisprudential and principled documents and findings shows that in the present era, germline gene editing to enhance genetic traits is not permissible due to endangering the life or health of the individual and future generations.
Please cite this article as:
Nazari A, Saberi H, Masjedsaraie H, Mojarad M. A Reflection on the Ruling of Germline Cell Nuclear Gene Editing. Medical Law Journal. 2024; 18: e66.
Type of Study:
Original Article |
Received: 2024/03/11 | Accepted: 2024/07/8