نوع مقاله : علمی - پژوهشی
1 دانشجوی دکتری حقوق خصوصی دانشگاه شهید بهشتی
2 ستادیار گروه حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی دانشگاه شیراز
عنوان مقاله [English]
Human cloning (therapeutic cloning, reproductive cloning) is one of those issues extensively investigated by researchers and being exposed to conflict of ideas. Jurists, too, have different ideas about this issue. Studying the views of jurists shows that saying absolute permission for reproductive cloning is more compatible with Imamiyeh Jurisprudence; the reason why may be relied on the absolute permission and the principle of Ibaha (permissible). However, it is worth considering that reproductive cloning, regarding the way of taking the nucleus of generic cell, is of different forms and, religiously forbidden. What agreed with in the field lies in the absolute permission for cloning during conjugal life. Besides, investigating international documents show that considering the objectives of legislation regarding preserving the primary rights of human beings, cloning is permitted, save those rare cases which it contradicts human rights. The current research used a descriptive-analytical approach to probe the issue and concluded that the permission for absolute reproductive cloning is the dominant view among jurists. Also the same is the case in international documents unless it contradicts human rights.