Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Human assimilation in the light of the perspective of Islamic jurists

Document Type : research

Authors
1 PhD student of Private Law Department, Ayatollah Amoli Branch, Mazandaran University, Mazandaran, Iran.
2 Professor of Private Law Department, South Tehran Branch, Islamic Azad University, Tehran, Iran
3 Assistant Professor of Private Law Department, West Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2023.403407.1475
Abstract
Background and Aim: Human cloning is one of the subjects that has raised many challenges from the legal and jurisprudential point of view. The purpose of the present research is to investigate human assimilation from the point of view of Islamic jurists.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: The objections to the human assimilation process are often due to ignorance and prejudices, as well as lack of attention to the technical aspect of the matter from the point of view of genetic engineering and medicine.
Conclusion: By demonstrating the originality of al-Abahah in the principles of Shia jurisprudence, the rule of simulating can be considered as subject to abahah in terms of the primary titles; Because there is no proof of the sanctity of simulation from the sources of the four rulings, and this opinion is almost the same as the fatwa of most of the contemporary jurists.
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