An Analysis of the Issue of Human Reproductive Cloning in the light of Maqāsid al-Sharī‘ah

Abstract

Being a flexible and moderate religion Islam provides guidelines for the followers in every walk of life. Muslim jurists have been working hard to formulate the principles of Islamic jurisprudence for derivation of Sharī‘ah. The theory of the objectives of Islamic law or “Maqāsid al-Sharī‘ah” holds a significant position in Islamic jurisprudence and gives remarkable principles and rulings when applied for the solution of the issues in life of the followers in economic, social, personal, bioethical or any other area. This research paper intends to discuss the issue of human cloning in the context of Maqāsid al-Sharī‘ah. The Descriptive and analytical research methodologies have been applied for this purpose. The five basic essentials from the classical model of this theory have been illustrated first, then human cloning has been analyzed in their light. For this purpose the two main types of human cloning; Reproductive and Therapeutic have been analyzed considering their distinctive nature and characteristics. In the end reasons have been indicated which prohibit the reproductive type of cloning and suggestions have been forwarded regarding how therapeutic cloning can be treated differently. Maqāsid al-Sharī‘ah reject every biotechnological technique which goes against the basic objectives of Islamic law; protection and preservation of Religion, Life, Progeny, Intellect or property. This reason turns human reproductive cloning prohibited according to the Maqāsid al-Sharī‘ah theory.