Islamic
Perspectives on Cloning
Dr.
Abdulaziz Sachedina
University of Virginia
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Dr. Sachedina
The Islamic views
presented about cloning in this article are formulated with a
necessary caution. In the absence of a central institution
resembling the pope or the Vatican, juridical-ethical opinions in
the matters of the Shari`a, the religious law of Muslims, tend to
suggest plurality based on independent research and interpretation
of legal scholars in the community. Although ethical issues
associated with assisted reproductive technologies such as in
vitro fertilization has been dealt with in some detail by Muslim
jurists belonging to the major five legal rites, four Sunni and
one Shi`i school, to the knowledge of this writer, the subject of
possible human cloning has not yet been discussed. The facts about
cloning are just now emerging. In the light of better
understanding of the facts regarding cloning, both through embryo
splitting as well as nuclear transplantation, and the impact it
could have upon the way Muslims conceive of human life and its
purposes, it is reasonable to expect revisions in the ethical and
legal assessment of these experiments among the scholars of
Shari`a. The article has summarized theological, ethical and legal
dimensions of the issues associated with cloning in Islam with due
attention to the possible differences in the interpretation
between the Sunni and the Shi`i legists.
The Theological Dimension
of the Issue:
Let us begin with the
theological dimension presented in the teachings of the Qur'an and
see if there is any room for human intervention in the workings of
nature associated with reproduction. In Chapter 23, verse 12-14,
we read:
We created (khalaqna) man
of an extraction of clay, then we set him, a drop in a safe
lodging, then We created of the drop a clot, then We created of
the clot a tissue, then We created of the tissue bones, then we
covered the bones in flesh; thereafter We produced it as another
creature. So blessed be God, the Best of creators (khaliqin)!
Muslim commentators have
drawn some important conclusions from this and other passages that
describe the development of embryo to a full human person. First,
human creation is part of the divine will that determines the
embryonic journey to a human creature. Second, it suggests that
perceivable life is possible at the later stage in biological
development of the embryo when God says: "thereafter We
produced him as another creature." Third, it raises questions
whether fetus should be accorded a status of a legal person once
it lodges in the uterus in the earlier stage. Fourth, it allows
for a possible distinction between a biological and moral person
because of the silence of the Qur'an over when the ensoulment
occurs in this process. Majority of the Sunni and some Shi`i
scholars, make a distinction between two stages in pregnancy
divided by the end of the fourth month (120 days) when, according
to some traditions ascribed to the Prophet, ensoulment takes
place. On the other hand, majority of the Shi`i and some Sunni
legists have exercised caution in making such a distinction
because they regard the embryo in the pre-ensoulment stages as
alive and its eradication a sin.
The classical formulations
based on the Qur'an and the Tradition provide no universally
accepted definition of the term `embryo' with which we are
concerned in our deliberations today. Nor do these two
foundational sources of the Shari`a, lend themselves to recognize
the modern biological data about the beginning of life from the
moment of impregnation. A tenable conclusion, derived by
rationally inclined interpreters of the above-cited verse of the
Qur'an, suggests that as participants in the act of creating with
God, (God being the Best of the creators) human beings can
actively engage in furthering the overall well estate of humanity
by intervening in the works of nature, including the early stages
of embryonic development, to improve human health.
Nevertheless, the Qur'an
takes into account the problem of human arrogance which takes the
form of rejection of God's frequent reminders to humanity that
God's immutable laws are dominant in the nature and human beings
cannot willfully create "unless God, the Lord of all Being,
wills." (81:29) "The will of God" in the Qur'an has
often been interpreted as the "processes of nature
uninterfered with by human action." Hence, in Islam human
manipulation of genes made possible by biotechnical intervention
in the early stages of life in order to improve the health of the
fetus or cloning in the meaning of embryo splitting for the
purpose of improving the chances of fertility for a married couple
is regarded as an act of faith in the ultimate will of God as the
Giver of all life.
The Ethical Dimension of
the Issue:
As we move on to
understand the ethical issues associated with cloning, at the
center of the debate in Islam is going to be the question of the
ways in which cloning might affect interhuman relationships. In
large measures, Muslim concerns in this connection resonate the
concerns voiced by Paul Ramsey about the social role of parenting
and nurturing interpersonal relations. Islam regards interpersonal
relationships as fundamental to human religious life. In fact, the
Prophet is reported to have said that nine-tenth of religion
constitutes inter-human relationship, whereas only one-tenth is
God-human.
Since the George
Washington University Medical Center success in duplicating
genetically defective human embryos by blastomere separation in
1993, Muslims have raised questions about manipulation of human
embryos beyond IVF implantation in terms of their impact upon the
fundamental relationship between man and woman and the life-giving
aspects of spousal relations that culminate in parental love and
concern for their off-spring. The Qur'an declares sex-pairing to
be a universal law in all things. (51:49) Muslim focus of the
debate on genetic replication is concerned with moral issues
related to the possibility of technologically created incidental
relationships without requiring spiritual and moral connection
between a man and a woman in such embryonic manipulation. Can
human advancement in biotechnically created relationships
jeopardize the very foundation of human community, namely, a
religiously and morally regulated spousal and parent-child
relationship under the laws of God? Hence, the more intricate
issues associated with embryo preservation and experimentation
have received less emphasis in these ethical deliberations. To be
sure, since the therapeutic uses of cloning in IVF appears as an
aid to fertility strictly within the bounds of marriage, both
monogamous and polygamous, Muslims have little problem in
endorsing the technology. The opinions from the Sunni and Shi`i
scholars studied for this presentation indicate that there would
be almost a unanimity in Islamic rulings on therapeutic uses of
cloning, as long as the lineage of the child remains religiously
unblemished.
Besides the relationship
issue, in the world dominated by the multi-national corporations
Muslims, like other peoples around the globe, do not treat
technology as amoral. No human action is possible without
intention and will. In light of the manipulation of genetic
engineering for hugenics in the recent history, it is reasonable
for the Muslims, like the Christians and the Jews, to fear
political abuse of the reproduction technology through cloning.
With its emphasis on spiritual egality, Islam has refused to
accord validity to any claims of superiority of one people over
the other. The only valid claim to nobility in the Qur'an stems
from being godfearing.
It is obvious that
ethically cloning for purposes other than therapeutic lays
enormously grave responsibility on humans in terms of genetic
improvement of quality of human life, the authority that can make
these decisions with necessary foresight and wisdom, and the
criteria that can be used in evaluating the risks and benefits of
such interventions.
The Legal Dimension of
the Issue:
In Islam although
religious, ethical and legal dimensions are interrelated, it is
important to understand the legal aspects of cloning that Muslim
legists would evaluate carefully in their legal reasoning to
deduce the judicial decisions on the subject. The legists are
expected to evoke the two fundamental principles of `equity' (istihsan)
and `public interest' (maslaha) to furnish a religious basis for
independent legal decisions about the subject. These two
principles function as supplementary procedures to derive rules
that can be applied to formulate new decisions and override the
strict letter of law. In addition, three major subsidiary
principles or rules applied to resolve ethical dilemma and derive
judgements related to bioethical issues are: (1) `protection
against distress and constriction' (`usr wa haraj); (2)
`refraining from causing harm and loss to oneself and others' (la
darar wa la dirar), and (3) `averting causes of corruption has
precedence over bringing about benefit' (dar'u al-mafasid muqaddam
`ala jalb al-masalih).
