Volume 1, Issue 1 (Summer 2007)                   Medical Law Journal 2007, 1(1): 11-24 | Back to browse issues page

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Mohaghegh Damad S M. Human cloning from view point of ethics and Fiqh. Medical Law Journal. 2007; 1 (1) :11-24
URL: http://ijmedicallaw.ir/article-1-429-en.html
Abstract:  

There was a time that human’s main philosophic question was such as“ what is Human? What is the purpose of Humans creation? Where would humans go?” but the question that humans face today and the question that calls the scholars respond is “How shall we live? The scholars around the world allow themselves to answer this question but each one from a different aspect, that is because in todays world knowledge has such diversity and plurality that each part of it is responsible to meet a special part of humans in this life, that is why the further philosophies (the branches of philosophy, which are connected to the main body of philosophy), are raised. Humans today’s thoughts is not just attempting to consider the “principle of nature of existence” as the traditional philosophers do, he/she considers the existent instead of the existence, he/she has separated it to a few parts and has focused on the human part of the subject, specially the material part. In the modern word the human has took his eyes off the sky and has stared at the ground, and instead of ethics and politics and mysticism, he talks about further philosophies and that is how he  presents a new concept for humans and new principles for his manners and his behavior. Bioethics is one of the issues of further philosophies, issues which adjust the relationship between human biology and technology to bring order the dos and don’ts in this regard. It has been more than tow decades that bioethics has entered the fields of philosophy, theology, medicine, law, sociology and politics and it has had interdisciplinary activities. Human cloning is one of the issues of bioethics which has a philosophic, verbal, legal and juridical aspect. because human cloning has questioned the issue of personhood or substantiality of the human produced by technology , professionals are still not able to bring this concept to reality and it has made a philosophical crisis and has somehow involved scholars of other fields. Therefore the scholars of religion are also challenged to accept or deny the issue. Thus, the questions are as below:

  • Are humans allowed to interfere in creation of humankind which is gods will?
  • Are these actions religiously lawful or unlawful?
  • Are these actions justified from the view of ethics or not?
  • Is the human being produced by human cloning is similar as regular humans and the same legal effect is would be applied on him or not?
  • Do these actions conflict with preserving the Human’s munificence?

Received: 2007/06/13 | Accepted: 2007/08/19

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