Journal Article

Jurisprudential Study on Mitochondrial Replacement With a Look at the Laws

Altaha, Seyyed Hossein, آل بوشهبازي، عبدالكريم, Kazeminejzd, Seyyed Reza

2018

Overview

Mitochondrion is an organelle that exists in all cells. Mutation in its gene could cause unpleasant results, various disease and fatality to fetus. So far, there is no definite cure for these diseases. The defective mitochondrion transfers through mothers and shows itself during different stages of the life and in the end in death. Recently and in the 2016 by implementing the mitochondrial replacement, physicians were able to prevent the mitochondrion transmission. In this procedure another woman as donor enters the case, that it will be many effects from the point of view of the jurisprudence. This article was conducted using descriptive-analytical method, reviewed the related Islamic laws and many results have been achieved: first, in the texts the donation is used to interpret the transmission of mitochondrion from one woman to another one; but it does not suit to the nature of the donation that aims the charity, because what is seen is kind of Sales or Donation contract that there is something valuable in exchange. Second, the exploit of this technique at the beginning is the permission, unless it opposes unauthorized deeds, like touching or looking at a woman who is not wife; but Islam take easy on Muslim, and Dismisses prohibitions by necessities. Third due to the verses, pregnancy and childbirth the donor could not be mother.

• Publisher: الجامعة الإسلامية
• Subject: الأحكام الشرعية / الاستنساخ البشري / التلقيح الصناعي / الفقه الإسلامي / الميتوكوندريا / الهندسة الوراثية