Is it haram to clone a human? if so, why? and what is the ruling on cloning animals and plants? JZK

Alhamdu-li-llah wa as-Salatu wa as-Salamu ‘ala Rasool-il-llah,

Please, read the following translation of the decision 94 (10/2) of the Islamic Fiqh Assembly of the Organization of the Islamic Conference (OIC)

Allah Almighty created man in the best form. He honored him as He (be He exalted) says:

وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُم مِّنَ الطَّيِّبَاتِ وَفَضَّلْنَاهُمْ عَلَى كَثِيرٍ مِّمَّنْ خَلَقْنَا تَفْضِيلاً [الإسراء : 70]

“And indeed We have honored the Children of Adam, and We have carried them on land and sea, and have provided them with At-Taiyibât (lawful good things), and have preferred them above many of those whom We have created with a marked preference.” [Al-Isrâ’, 17: 70]

Allah Almighty graced man with faculties for thinking, honored him with legal commandments, made him His Vicegerent on earth and settled him there, and honored him by carrying His Message which is in harmony with his instinct; or rather it is the natural instinct itself, as Allah Almighty says:

فَأَقِمْ وَجْهَكَ لِلدِّينِ حَنِيفًا فِطْرَةَ اللَّهِ الَّتِي فَطَرَ النَّاسَ عَلَيْهَا لَا تَبْدِيلَ لِخَلْقِ اللَّهِ ذَلِكَ الدِّينُ الْقَيِّمُ [الروم : 30]

“So set you (O Muhammad (peace and blessings be upon him)) your face towards the religion of pure Islamic Monotheism worshipping none but Allah Alone, Allah’s Fitrah (Allah’s Islamic Monotheism) with which He has created mankind. No change let there be in the creation of Allah. That is the straight religion, but most of men know not.” [Rûm, 30: 30]

Islam is concerned with the preservation of the human instinct in the best state, through the preservation of the five basic fundamentals (religion, life, intellect, offspring and wealth), and protecting this instinct from every change that may spoil it, whether through the means or the results. This is evident in the Hadîth Qudsi mentioned by Al-Qurtuby and narrated by Al-Qâdi Ismâ’îl: “I created My servants in the right religion but the devils made them go astray… and ordered them to change my creation.” (Exegesis of the Qur’an by Al-Qurtuby, 5/389)

Allah (be He exalted) taught man things that he did not know, and commanded him to search, look, give thought and consider, as Allah addresses mankind in many verses saying to them:

أَفَلا يَرَوْنَ…أَوَلَمْ يَرَ الْإِنسَانُ أَنَّا خَلَقْنَاهُ مِن نُّطْفَةٍ… إِنَّ فِي ذَلِكَ لَآيَاتٍ لِّقَوْمٍ يَتَفَكَّرُونَ…إِنَّ فِي ذَلِكَ لَآيَاتٍ لِّقَوْمٍ يَعْقِلُون… إِنَّ فِي ذَلِكَ لَذِكْرَى لِأُوْلِي الْأَلْبَابِ… اقْرَأْ بِاسْمِ رَبِّكَ الَّذِي خَلَقَ

“See they not that…”  “Do they not look…”  “Does not man see that We have created him from Nutfa…”  “In this is indeed an evident proof and manifest signs for people who give thought…” “Verily, in this, is a reminder for men of understanding…” and “Read! In the Name of your Lord, Who has created (all that exists).”

Islam does not restrict the freedom of scientific research, as it is one of the means of knowing the sunnah (way) of Allah in His Creation. Nevertheless, Islam also ordains that the gate should not be left wide open, without rules or limitations to the applications of scientific research in public life or without passing through the screen of the Islamic Sharî’ah to allow that which is permissible and prevent that which is prohibited. It does not allow that anything may be implemented, just because it is possible to do so, but rather, it should be useful research that fulfills certain benefits for people and drives away certain evils. Scientific research should also preserve the dignity of man, his status, and the objective for which he was created. Man should not be taken as a field for experimentation; in addition, his nature, special features, and distinct character must be protected. Scientific research must not shake the established social structure, or destroy the fundamentals of kinship, genealogy, family relations, and family structures that have been established throughout human history, under the umbrella of the Sharî’ah of Allah and in conformity with His Commands.

This era has witnessed a new type of scientific research that has been propagated by the media all over the world, namely ‘cloning.’ It is therefore, necessary to clarify the legal judgment of the Sharî’ahconcerning this type of research, after a detailed presentation by a group of Muslim experts and scientists in this domain.

What is cloning?

It is known that the way (or sunnah) of Allah in creation is that a human being is created through the meeting of a male sperm and a female ovum. Each of them contains a number of chromosomes, which amount to half the number of chromosomes in a human cell. When the sperm of the husband unites with the ovum of the wife, fertilization occurs and the resultant zygote contains all genetic characteristics of both the husbandand wife. When this zygote adheres to the uterus of the mother, it eventually starts to grow into a complete human being that is born with the Will of Allah.  In the course of its journey, the zygote multiplies into two identical cells, then into four cells, then eight, and continues to multiply until it reaches a stage when the organs and tissues are distinct. During the stage that precedes this distinction, if one of the cells of the zygote divides into two identical cells, then identical twins are born. It was possible to carry out an artificial isolation of such zygotes in animals that resulted in the birth of identical twins, but it has not been reported yet that such isolation has taken place in man. This was considered a type of cloning as it resulted in giving birth to copies or identical siblings, and it was called “cloning through division.”

There is another method of cloning a full being, which is based on taking the Deoxyribonucleic Acid (DNA, that contains all the genetic characteristics) present in the nucleus of each cell of the body, and inserting it into an unfertilized ovum from which the nucleus (DNA) has been removed. This operation leads to the formation of a zygote that contains all the genetic characters of the DNA donor, while at the same time having the ability to multiply. When it is implanted into the mother’s uterus, it starts to divide and grow into a full being with the Will of Allah. This is what is known as cloning or (nuclear replacement of the ovum, i.e. replacing the nucleus of the ovum with a donor nucleus). This is what took place in the case of the cloned sheep ‘Dolly.’ Nevertheless, this new creature is not an identical copy, because the mother’s egg, from which the nucleus was removed, still contains some nuclear remains in the area surrounding the removed nucleus. These remains still have a remarkable effect in changing the characteristics that were inherited from the body cell. This type of cloning has not also been reported to have taken place in a human being.

Cloning then, means the production of a one living creature or more, either by transplanting the nucleus from a body cell into an ovum from which the nucleus has been removed, or through the division of a fertilized ovum at a stage that precedes the distinction of the organs and tissues. It is clearly evident that such operations, and similar ones, do not represent creation or even a partial creation. Allah Almighty says in the Glorious Qur’an:

أَمْ جَعَلُواْ لِلّهِ شُرَكَاء خَلَقُواْ كَخَلْقِهِ فَتَشَابَهَ الْخَلْقُ عَلَيْهِمْ قُلِ اللّهُ خَالِقُ كُلِّ شَيْءٍ وَهُوَ الْوَاحِدُ الْقَهَّارُ [الرعد : 16]

“Or do they assign to Allah partners who created the like of His creation, so that the creation seemed alike to them.  ‘Say: “Allah is the Creator of all things, He is the One Only, the Irresistible.”’”[R’ad, 13 : 16] and:

أَفَرَأَيْتُم مَّا تُمْنُونَ {58} أَأَنتُمْ تَخْلُقُونَهُ أَمْ نَحْنُ الْخَالِقُونَ {59} نَحْنُ قَدَّرْنَا بَيْنَكُمُ الْمَوْتَ وَمَا نَحْنُ بِمَسْبُوقِينَ {60} عَلَى أَن نُّبَدِّلَ أَمْثَالَكُمْ وَنُنشِئَكُمْ فِي مَا لَا تَعْلَمُونَ {61} وَلَقَدْ عَلِمْتُمُ النَّشْأَةَ الْأُولَى فَلَوْلَا تَذكَّرُونَ  [الواقعة : 58-62]

“Then tell Me (about) the human semen that you emit.  Is it you who create it (i.e. made this semen into a perfect human being), or are We the Creator?  We have decreed death to you all, and We are not unable to transfigure you and create you in (forms) that you know not.  And indeed, you have already known the first form of creation (i.e. the creation of Adam), why then do you not remember or take heed?”

[Waqi’ah, 56 : 58–62]

He also says:

أَوَلَمْ يَرَ الْإِنسَانُ أَنَّا خَلَقْنَاهُ مِن نُّطْفَةٍ فَإِذَا هُوَ خَصِيمٌ مُّبِينٌ {77} وَضَرَبَ لَنَا مَثَلًا وَنَسِيَ خَلْقَهُ قَالَ مَنْ يُحْيِي الْعِظَامَ وَهِيَ رَمِيمٌ {78}قُلْ يُحْيِيهَا الَّذِي أَنشَأَهَا أَوَّلَ مَرَّةٍ وَهُوَ بِكُلِّ خَلْقٍ عَلِيمٌ {79} الَّذِي جَعَلَ لَكُم مِّنَ الشَّجَرِ الْأَخْضَرِ نَارًا فَإِذَا أَنتُم مِّنْهُ تُوقِدُونَ {80}أَوَلَيْسَ الَّذِي خَلَقَ السَّمَاوَاتِ وَالْأَرْضَ بِقَادِرٍ عَلَى أَنْ يَخْلُقَ مِثْلَهُم بَلَى وَهُوَ الْخَلَّاقُ الْعَلِيمُ {81} إِنَّمَا أَمْرُهُ إِذَا أَرَادَ شَيْئًا أَنْ يَقُولَ لَهُ كُنْ فَيَكُونُ  [يس : 77-82]

“Does not man see that We have created him from Nutfa (mixed male and female discharge semen drops).  Yet behold! He (stands forth as an open opponent. And he puts forth for Us a parable, and forgets his own creation.  He says: “Who will give life to these bones when they have rotted away and became dust?” Say: (O Muhammad (peace and blessings be upon him)) “He will give life to them Who created them for the first time! And He is the All-Knower of every creation!” He, Who produces for you fire out of the green tree, when behold you kindle therewith.  Is not He, Who created the heavens and the earth, Able to create the like of them? Yes, indeed! He is the All-Knowing Supreme Creator. Verily, His Command, when He intends a thing, is only that He says to it, “Be!” and it is!”[Yasîn, 36: 7782] and:

وَلَقَدْ خَلَقْنَا الْإِنسَانَ مِن سُلَالَةٍ مِّن طِينٍ {12} ثُمَّ جَعَلْنَاهُ نُطْفَةً فِي قَرَارٍ مَّكِينٍ {13} ثُمَّ خَلَقْنَا النُّطْفَةَ عَلَقَةً فَخَلَقْنَا الْعَلَقَةَ مُضْغَةً فَخَلَقْنَا الْمُضْغَةَ عِظَامًا فَكَسَوْنَا الْعِظَامَ لَحْمًا ثُمَّ أَنشَأْنَاهُ خَلْقًا آخَرَ فَتَبَارَكَ اللَّهُ أَحْسَنُ الْخَالِقِينَ [المؤمنون : 12-14]

“And indeed We created man (Adam) out of an extract of clay (water and earth).  Thereafter We made him (the offspring of Adam) as a Nutfa (mixed drops of the male and female sexual discharge) (and lodged it) in a safe lodging (the womb of the woman).  Then we made the Nutfa into a clot (a piece of thick coagulated blood), then We made the clot into a little lump of flesh bones,  then We clothed the bones with flesh, and then We brought it forth as another creation.  So blessed be Allah, the Best of creators.”[Mu’minun, 23: 12–14]

Based on the aforementioned discussions, the research papers presented, and the legal principles that were raised for consideration before the assembly council, the following was decided:

First: Human cloning, implemented through the two methods mentioned above or through any other method that leads to human reproduction, is totally prohibited.

Second: Should there be any violation of the legal judgment stated above (in the First clause) then the outcome of those cases should be presented (to the Council) to clarify their legal judgments.

Third: All the cases in which there is a third party intervening in the marital relations, whether it is a uterus, an ovum, a sperm, or a body cell for cloning are all prohibited.

Fourth: It is permissible from the point of view of the Islamic Sharî’ahto adopt cloning and genetic engineering technology in the field of bacteria and other microscopic creatures, plants, and animals, but within the legal rules of the Sharî’ah, and in a way that fulfils the public benefit and drives away evil.

Fifth: Muslim countries are urged to issue the laws and necessary regulations to close all direct and indirect gates in front of local and foreign organizations, research institutes, and foreign experts to prevent them from turning the Muslim countries into a field for research and experiments into human cloning and propagating it.

Sixth: The council of the Islamic Fiqh Academy and the I.O.M.S. must join efforts to follow up the field of cloning, with regard to investigating its recent scientific innovations and unifying its terminology, as well as to hold the necessary seminars and meetings to clarify pertinent legal judgments from the Islamic point of view.

Seventh: To call for the establishment of specialized committees, including experts and scholars of the Sharî’ah, to set the necessary ethical regulations in the field of biological research to be implemented in the Muslim countries.

Eighth: To call for the establishment and subsidy of institutes and scientific organizations to carry out research in the fields of biology and genetic engineering, with the exception of human cloning, and in accordance with legal regulations, so that the Muslim world would not continue to be dependent on others in this field.

Ninth: To establish a policy to deal with scientific discoveries through an Islamic perspective, and to call on the media to adopt an Islamic attitude in dealing with those issues, and avoid being used in whatever contradicts Islam. The media is also asked to create awareness among the public to verify what they hear, before taking any stance, as a positive response to Allah’s verse that reads:

وَإِذَا جَاءهُمْ أَمْرٌ مِّنَ الأَمْنِ أَوِ الْخَوْفِ أَذَاعُواْ بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُوْلِي الأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ [النساء : 83]

“When there comes to them some matter touching  (public) safety or fear, they make it known (among the people), if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them ( directly).” [Nisâ’, 4: 83]

With Allah Alone rests our success.