Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 761-774 |
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Mousazadeh E, Mousazadeh S. The Legitimacy of "Therapeutic Cloning" Based on the Standards of Public Law and Monotheistic Religions. MLJ 2024; 18 (59) :761-774
URL: http://ijmedicallaw.ir/article-1-1602-en.html
URL: http://ijmedicallaw.ir/article-1-1602-en.html
1- Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2- Department of Tissue Engineering and Regenerative Medicine, Faculty of Advanced Technologies in Medicine, Iran University of Medical Sciences, Tehran, Iran
2- Department of Tissue Engineering and Regenerative Medicine, Faculty of Advanced Technologies in Medicine, Iran University of Medical Sciences, Tehran, Iran
Abstract:
Background and Aim: Today, therapeutic cloning aimed to treatment of incurable patients is considered important achievements in the field of science, which raises issues in various fields of theological studies, medical ethics, medical law and public law on the researchers with the aim of systematizing this issue. Therapeutic cloning is branches of the emerging science of cloning and a subset of stem cells, in which blastocysts obtained are used to extract stem cells to treat incurable diseases.
Method: This review is formed with an analytical and qualitative approach and main question is, therapeutic cloning based on what legal foundations and standards of monotheistic religions is legitimized and finds a legal position?
Ethical Considerations: During this study, ethical aspects, including the authenticity and honesty were observed.
Results: There is a wide difference in religious views of embryonic cloning, but regarding therapeutic cloning, since it has a deep connection with the right of life and right of health, the difference is not that extensive. Because public law in Iran is derived from monotheistic religions and this field of law regulates relations between the government and citizens, it strives to deal with emerging religious issues more than the other fields of law. According to the fourth principle of the constitution in the legal system of the Islamic Republic of Iran, Islamic values govern the application and generality of all laws and regulate all the principles of the constitution, so the aspects of public law related to therapeutic cloning, which is based on the knowledge of monotheistic religions, should be discussed.
Conclusion: The most important results are that from the point of view of monotheistic religions, especially Islam and the legal standards based on it, because this method does not lead to murder and rather ensures the right to life and the right to health, so it is not illegitimate and other limitations are removed by the rational rule of "necessary prohibitions".
Please cite this article as:
Mousazadeh E, Mousazadeh S. The Legitimacy of "Therapeutic Cloning" Based on the Standards of Public Law and Monotheistic Religions. Medical Law Journal. 2024; 18: e51.
Method: This review is formed with an analytical and qualitative approach and main question is, therapeutic cloning based on what legal foundations and standards of monotheistic religions is legitimized and finds a legal position?
Ethical Considerations: During this study, ethical aspects, including the authenticity and honesty were observed.
Results: There is a wide difference in religious views of embryonic cloning, but regarding therapeutic cloning, since it has a deep connection with the right of life and right of health, the difference is not that extensive. Because public law in Iran is derived from monotheistic religions and this field of law regulates relations between the government and citizens, it strives to deal with emerging religious issues more than the other fields of law. According to the fourth principle of the constitution in the legal system of the Islamic Republic of Iran, Islamic values govern the application and generality of all laws and regulate all the principles of the constitution, so the aspects of public law related to therapeutic cloning, which is based on the knowledge of monotheistic religions, should be discussed.
Conclusion: The most important results are that from the point of view of monotheistic religions, especially Islam and the legal standards based on it, because this method does not lead to murder and rather ensures the right to life and the right to health, so it is not illegitimate and other limitations are removed by the rational rule of "necessary prohibitions".
Please cite this article as:
Mousazadeh E, Mousazadeh S. The Legitimacy of "Therapeutic Cloning" Based on the Standards of Public Law and Monotheistic Religions. Medical Law Journal. 2024; 18: e51.
Type of Study: Original Article |
Received: 2023/02/11 | Accepted: 2023/12/4
Received: 2023/02/11 | Accepted: 2023/12/4
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