A Pursuit to Human Cloning in view of the Legal Maxims of Sharī‘ah (Qawā‘id al-Fiqhiyyāh)

Abstract

The legal Maxims of Islamic law or “Qawā‘id al-Fiqhiyyāh” are the guiding principles for enactment, application and functioning of the legal rules concerning the lives of the followers. Most of the times they are derived from the verses of the Qur’ān or the words of the Prophet Muhammad P.B.U.H. Owing to be based upon such a solid foundation they provide sound logic and reasoning for the solution of the problems faced by the followers in their economic, social, moral, personal, bioethical or any other area of life. Five of these maxims are the most famous ones considering their universality in scope and application. Under this research work the issue of human Reproductive and Therapeutic cloning has been evaluated in the light of five major legal maxims and also their relevant subsidiary maxims extracted from themselves. For this purpose these five maxims are first explained so that their meaning, scope and application can be made clear and then human cloning is critically analyzed in their perspective. The Reproductive type of human cloning as the name denotes; is supposed to reproduce by asexual method of reproduction, does not hold a favorable viewpoint if evaluated in their light but therapeutic cloning or the type of cloning for the treatment and diagnosis of severe diseases and organ formation, owing to its remedial nature might be capable of having permissibility if does not prove contrary to the injunctions of the Qur’ān or Sunnah or any other source of Sharī‘ah including the Legal Maxims or the Ijtehad.