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JURISTIC DECISIONS ON SOME CONTEMPORARY ISSUES

The Issue of Cloning

As a matter of fact, Islam has always ushered in the scientific developments with an open heart and mind. When man investigates and conducts research, employing his brain bestowed upon him by the Almighty, he doesn't invent, he merely 'discovers'. Moreover, he does not earn credit for creating something new. He simply unveils the hidden facts of nature.

Undoubtedly, Islam has applauded all such researches and scientific endeavours which are beneficial for the mankind and are helpful in achieving the five goals of Islamic Shariah, viz. protection of religion, protection of self, protection of race, protection of wisdom and protection of property. Moreover, it should not be harmful for the mankind.

Keeping all these facts and principal teachings of the Islamic Shariah in mind, the Tenth Seminar organised by the Islamic Fiqh Academy at Mumbai in October 1997, discussed the issue of 'Cloning'. Upholding, the suggestions given by the Majma-ul-Fiqh-ul-Islami, Jeddah, regarding this issue, the following proposals were approved unanimously.

63.1 In the wake of the details and various aspects, which have come, and the grave consequences in terms of moral and social implications arising out of it, it is observed, that all methods and modes of human cloning are absolutely forbidden, whatsoever.

63.2 However, such a type of cloning in the realm of flora and fauna realm, which is beneficial for humans and are in no way, detrimental and pernicious to the human beings in terms of morality, religion and physique, are permissible.

63.3 Furthermore, this seminar hosted by the Islamic Fiqh Academy earnestly appeals to the Government of India to get such legislations enacted which would ensure that the indigenous or the foreign research organisations or even the multinational trade giants do not attempt to make this country a testing ground for research in human cloning.

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