Applying Fundamental Juristic Rules to Contemporary Genetic Issues Shaima Saadallah Reda Ashur

Abstract

This study aims to clarify contemporary genetic issues (namely gene therapy, stem cell therapy, and human cloning) by defining their nature and formulating a comprehensive to attain legal (Sharīʿah) ruling on these matters based on foundational principles of Islamic jurisprudence. The study adopts an analytical and foundational methodology. In its first chapter, it examines the nature and types of gene therapy, deriving its rulings in light of the legal maxim (matters are judged by their objectives) in order to distinguish between legitimate therapeutic purposes and prohibited enhancement purposes. The second chapter addresses stem cell therapy, identifying its sources and deriving its rulings according to the maxim (certainty is not overruled by doubt). The third chapter discusses human cloning and its juristic characterization in accordance with the principle of (unrestricted public interest), considering the resulting harms and benefits deemed legally relevant. The study concludes that the principles of Islamic jurisprudence demonstrate a high degree of flexibility in accommodating complex genetic issues, offering an ethical and legislative framework that balances scientific advancement with the objectives of Sharīʿah for the purpose of preserving of the life and lineage of the human race.