الاستنساخ بين الشريعة الإسلامية و القوانين الوضعية

الملخص EN

Cloning is one of the new developments for the use of modern medical technology and micro topics in the medical, forensic and legal fields in terms of its connection with the honored human and its sanctity, its rights, and in terms of its flow in some Western environments that allow the materialistic and utilitarian view of the human body and its existence, and that this study lies in clarifying the ruling of the religion on the process of cloning and the stance of the manmade laws on cloning as this process still preoccupies many Islamic and legal jurisprudence scholars and this study is of great importance so that scientific and technical progress in our world does not assist the human while he is in a state of heedlessness and under his research tendencies and aspirations, and is about revealing what is the cause of his death, so it was imperative to conduct research to clarify the Sharia and legal limits of the cloning process when applied, especially on humans the problem that emerged is that we seek In this study, to reach a conclusion about the extent of the legitimacy of cloning in Islamic Sharia and manmade law, and this appears in the dispute between supporters of the cloning process and those opposed to one of the finding the research Concluded with is the unshakable stance of Islamic Sharia of objecting and prohibiting cloning while the man-made laws are affect by the ideas and culture of the Nation which differs from one to another, and the discrepancy and disagreement of scholars on the process towards making a real interest that is not illusory, which resulted in the conflict of some of the laws that regulate the process of human cloning in the western world, this study, required for addressing this issue, adopting the descriptive approach, and I used the comparative approach to clarify the position of each of the Islamic Sharia and the man-made laws and regulations.