Fatwa ID: 553
Title: Shari`ah ruling on cloning
Category: Varieties
Scholar: Dr.Salah Al-Sawy
Date: 02/07/2005

Question

In the name of Allah the Beneficent the Merciful

Peace, blessings and mercy of Allah be upon you.

What is the Shari`ah ruling on cloning? Please, kindly counsel me in details with evidence, if possible. Jazakumu Allahu Khairan.


Answer

In the name of Allah the Beneficent the Merciful

Peace, blessings and mercy of Allah be upon you.

Praise be to Allah, prayers and peace be upon His kind prophet, family members, companions, and true followers till the Day of Judgment.

We would like to refer you, concerning this issue, to the resolution taken by the Islamic Fiqh Assembly in its Tenth Conference proceedings, which was convened in Jeddah, Saudi Arabia, in the period from 23 – 28 Safar, 1418 A. H., correspondent to June 28 – July 3, 1997, which states the following:

Definition of cloning:

It is known that the course of creation runs by Allah on the way that human creature is created from a combination of the meeting between two (fluids) which the nucleus of each contains a number of chromosomes that totals half the number of the chromosomes in the human cells. If the semen of the father (the husband) which is called the sperms, is united together with the mother`s (the wife`s) fluid which is called the ovum, then they are transformed together into inoculations which contain the full genetic case, and have the capability of reproductions. And when they are inserted into the mother`s womb (uterus) it grows and is reproduced as a full human being, with the will of Allah. In its developing course, it doubles and becomes another two identical cells, then they become four cells, and then eight cells, etc. Then it continues its course of doubling until it reaches a stage into which its cells have special characteristics and distinctions. And if one of the cells of the inoculations is divided in the stage before assuming the phase of characterization into two identical cells, and a twin is born. In animals, it is possible to make artificial separation of such inoculations, and identical twins would be born. However, in humans, such processes are not possible yet. This is what is called cloning, because it reproduces identical clones, and it is called cloning by division.

There is another way to clone a full creature, which depends upon taking the whole genetic case in a form of nucleus from a body cell, and depositing it in the cell of an eliminated nucleus of a cell, which makes an inoculation reproduced containing a full genetic case, and it contains, at the same time, the capability of reproduction. And when it is inserted in the mother`s womb or uterus, it grows and develops and gives birth to a full being, with the will of Allah. This kind of cloning which is known as (the nuclear transformation) or (the nuclear replacement of the oval cell), which is understood as of the term "cloning", when is released, and which happened with the sheep Dolly. However, this new creature is not an identical copy of the origin, because the mother`s ovum, which is its nucleus is eliminated, still contains some nucleus remains in the part that surrounds the eliminated nucleus. And these remains have a remarkable effect in modifying the characteristics which are inherited from the body cell. Also, this is not possible in the humans yet.

Then, cloning simply is reproducing one or more living being(s) , either by transforming the nucleus from a body cell into an ovum which its nucleus is eliminated, or by dividing a fertilized ovum in a stage that precedes acquiring distinction of tissues and organs.

It is not a secret that such procedures and processes and their likes do not represent a creation or some of a creation process; for Allah says: "Say: who is the Lord and Sustainer of the heavens and the earth? say: (it is) God. say: do ye then take (for worship) protectors other than him, such as have no power either for good or for harm to themselves? say: are the blind equal with those who see? or the depths of darkness equal with light? or do they assign to God partners who have created (anything) as he has created, so that the creation seemed to them similar? say: God is the creator of all things: he is the one, the supreme and irresistible", (Quran, 13:16); and "Do ye then see? The (human Seed) that ye throw out, Is it ye who create it, or are We the Creators? We have decreed Death to be your common lot, and We are not to be frustrated from changing your Forms and creating you (again) in (Forms) that ye know not. And ye certainly know already the first form of creation: why then do ye not celebrate His praises?", (Quran, 56:58-62). And He also says: "Doth not man see that it is We Who created him from sperm? yet behold he (stands forth) as an open adversary. And he makes comparisons for Us, and forgets his own (Origin and) Creation: he says, Who can give life to (dry) bones and decomposed ones (at that)? Say, He will give them life Who created them for the first time. For He is well versed in every kind of creation. The same Who produces for you fire out of the green tree, when behold ye kindle therewith (your own fires). Is not He Who created the heavens and the earth able to create the like thereof? Yea, indeed for he is the Creator Supreme, of skill and knowledge (infinite). Verily, when He intends a thing, His Command is, Be, and it is", (Quran, 36:77-82). And He says as well: "Man We did create from a quintessence (of clay); Then We placed him as (a drop of) sperm in a place of rest, firmly fixed; Then We made the sperm into a clot of congealed blood; then of that clot We made a (foetus) lump; then We made out of that lump bones and clothed the bones with flesh: the We developed out of it another creature. So blessed be God, the Best to create!", (Quran, 23:12-14).

And according to what have been preceded of researches, debates and discussions, and in the light of the Shari`ah principles that have been presented to the Assembly`s Council, it decides the following:

First: Prohibiting human cloning in its mentioned two ways or in any other form that would lead to human reproduction.

Second: In case there happened a surpassing beyond the Shari`ah rulings which are explained in Article (First), the effects of these cases are to be presented to discuss the Shari`ah rulings concerning them.

Third: Prohibiting all the cases in which a third party is interjected into the marital relationship, be it a womb (uterus), an ovum, a sperm, or a body cell for the purpose of cloning.

Fourth: It is permissible by Shari`ah to adopt cloning techniques and genetic engineering in the area of germs, micro organisms, plants and animals in the context of Shari`ah controlling rules that would realize interests and avoid corruptions.

Five: Calling upon the Muslim countries to constitute the necessary rules and regulations that would close all direct and indirect avenues in the face of the domestic, foreign, and research institutions and foreign expertise to make it impossible for them to make the Muslim countries a field of cloning experimentations and making promotions for them.

Six: Mutual follow-up between the Islamic Fiqh Assembly, and the Islamic Organization for Medical Sciences concerning the cloning issue and its scientific recent developments, controlling its terminology, convening the necessary conferences, symposia, and meetings to discuss and explain the related Shari`ah rulings.

Seven: Calling for formulating specialized committees that would comprise experts and Shari`ah scholars to lay down congenital rules in the field of biological sciences researches for adoption in the Muslim countries.

Eight: Calling for establishing and supporting scientific institutions and constitutions that undergo researches in the fields of biology and genetic engineering in non-human cloning, in accordance with Shari`ah rules and regulations, in order that the Muslim world would not be a dependent on other nations or a follower in this field.

Nine: Establishing an Islamic formula or approach that would deal with recent scientific developments and updates, and calling upon the media to accredit the divine approach in dealing with these issues, and avoiding employing them in what goes in contradiction with Islamic methodology, and making the public opinion aware of the authenticity before taking a certain stand, as Allah the Exalted says: "When there comes to them some matter touching (public) safety or fear, they divulge it. if they had only referred it to the apostle, or to those charged with authority among them, the proper investigators would have tested it from them (direct). were it no for the grace and mercy of God unto you, all but a few of you would have fallen into the clutches of Satan", (Quran, 4:83). Allah knows best.