Jurisprudential, legal analysis of the human cloning in mysticism and monotheistic religions

Subject Areas : Islamic Mysticism

Mostafa  Amerisiahooii ¹ (استادیار گروه معارف اسلامی، واحد بندرعباس، دانشگاه آزاد اسلامی، بندرعباس، ایران. نویسنده مسئول: [e-mail])
Faroogh  Toli ² (استادیار گروه معارف اسلامی، دانشکده پزشکی،دانشگاه علوم پزشکی هرمزگان، بندرعباس،ایران.)
Mohamad  Nejati ³ (دانشیار گروه معارف اسلامی، دانشکده پزشکی،دانشگاه علوم پزشکی هرمزگان، بندرعباس،ایران.)

Received: 2020-10-05 Accepted : 2020-10-05 Published : 2020-09-22

Keywords:

Abstract :

As an appearing technology, cloning has attracted the attention of politicians, physicians, lawyers and other academical communities. During cloning which includes the transfer of a nucleus to a nucleus – free ovum, a creature in accordance to the donor of the nucleus will be created and along with a shedding light to the human society regarding treatment, this phenomenon poses concerns to this society. However, no decisive expression is not made by the scholars in this respect.Jewish scholars took three different viewpoints – forbidding, permission and necessity – and Christian ones forbid the cloning to the sake of protecting the human dignity.On the other hand, cloning attracts the attention of the religious and ethical scholars and from the most of the opponents’ point of view, cloning of human is at least in contradiction to most of the main religious teachings and application of this technique in human realm is in contradiction to Islamic beliefs and faith. Some of the Buddhist moralists and mystics conditionally support the application of this type of technology; that is, it must be useful for those couples who dream for having a child and it must not be accompanied with pain and trouble. Contrary to this opinion, other Buddhist mystics believe that human reproduction in such a way results in deterioration of the human essence and foundation.In this research, some of the jurisprudential – legal and ethical aspects of the cloned person are analyzed. According to what is expressed about cloning, the genealogy of the cloned child can be considered as legal and similar to the natural – born child, such children are entitled to have custody, guardianship, alimony, inheritance and will among other rights.