Note: As the use of stem cells and cloning increases, the jurisprudential and legal questions facing it likewise multiply: What is the ruling on cloning? How will a cloned organ be regarding mahramiyat (unmarriageable kinship) and other jurisprudential rulings? If a human is cloned, what rulings will it carry regarding mahramiyat, inheritance, blood money (diyah), and marriage? And so forth… We posed these questions to Dr. Abedin Momeni, faculty member at the University of Tehran. He believes that one should not go to war with science, and that cloning should be viewed with a positive eye. From his perspective, cloning animals poses no problem; however, regarding humans, due to social and ethical challenges that might arise, it is better that this act is not performed. The detailed exclusive interview of Contemporary Jurisprudence with this university professor and researcher follows below:

Contemporary Jurisprudence: What precisely is meant by human cloning? Is creating a human without the fertilization of ovum and sperm possible?

Momeni: Creating a human without an ovum or without sperm is apparently impossible up to this time. What is in fact proposed is that the sperm/cell from which a human is born is not restricted to semen; rather, these cells exist in scattered form across human body organs, and a cell can be obtained from a hand, leg, or somewhere in the body and fertilized with an ovum to bring forth a human. This method is not exclusive to humans and is performable regarding other animals as well.

Then, this living creature created may be cloned based on existing genetic traits. Cloning means creating a human with the genetic traits of another human in such a way that all their outward features are identical.

Contemporary Jurisprudence: What is the ruling on human cloning via stem cells? Can it be deemed unlawful through titles such as “altering the creation of Allah,” “confusion of lineages/fluids (ikhtilat al-miyah),” and the like?

Momeni: Cloning in the domain of animals poses no problem, such as a cloned cow, a cloned sheep, a cloned horse, a cloned camel. The point mentioned regarding altering Allah’s creation is also not applicable here, because no alteration has occurred; rather, science discovered and employed the talents and capacities Almighty God placed within creation.

However, regarding human cloning, it might entail a series of legal, ethical, social, and political issues. Because of these social challenges that might also confront societal order with disruption, it can be advised that human cloning does not occur.

On the other hand, the issue of confusion of fluids (ikhtilat al-miyah) also does not arise. Confusion of fluids existed where several men cohabited with one woman and it was not clear to which one the child belonged. However, regarding cloning, it is completely clear with which cell this fertilization occurred; hence confusion of fluids does not occur.

The conclusion is that cloning regarding animals entails no Sharia prohibition (mahzur). However, regarding humans, because of social challenges that arise, it is better that it is not performed.

Contemporary Jurisprudence: Is creating a human body organ such as a hand or eye via cloning permissible? In that case, does the new organ possess the same rulings as the previous organ regarding mahramiyat, ownership, etc.?

Momeni: If we can enhance human capabilities through organ transplantation, not only is it not unlawful, but it is also very good. Even if regarding healthy humans we could, for instance, add two more eyes so they can see behind themselves as well, it would be very good, and human capability would increase. Of course, if cloning causes disruption in human life such that executing daily tasks faces difficulty, it is impermissible. For example, if through cloning a hand is added to a human body and the human with three hands cannot perform tasks easily, this matter is impermissible.

In terms of Sharia rulings as well, since the new organ becomes part of the human body, it appears it will carry the rulings of a true human body organ.

Contemporary Jurisprudence: Do titles such as Islam, gender, and religion of the cell donor and recipient intervene in the ruling on cloning body organs?

Momeni: No, these matters belong to the realm of objective realities (umur nafs al-amriyyah), and religion and gender do not intervene in them.

Contemporary Jurisprudence: What are the jurisprudential rulings of a cloned human regarding mahramiyat, inheritance, blood money (diyah), marriage, etc.?

Momeni: The criterion for these rulings is blood bond. Based on blood bond, just as mahramiyat is created, in cloning as well at least precaution dictates achieving mahramiyat with the individual and non-marriage with him/her. Therefore, a cloned human is a mahram with the cell owner and is considered his/her child, and the same child rulings—such as mahramiyat, inheritance, and the like—apply to him/her.

Contemporary Jurisprudence: If using stem cells leads to permanent rejuvenation and immortality of humans, what is its ruling?

Momeni: Whether such a task is achievable or not I do not know; however, jurisprudentially, this matter carries no Sharia prohibition (mahzur) and is permissible.