الحكم الشرعي و القانوني للحصول على الخلايا الجذعية و ضوابطه : دراسة تأصيلية تحليلية مع المقارنة بين الفقه الإسلامي و القانون الوضعي

Abstract EN

Stem cells or so-called “regenerative medicine” are a revolution in medicine; They have been able to treat numerous serious diseases, such as diabetes, some cancers, and others, which make them a hope for the next generations.

In the first chapter, I dealt with the Islamic Law situation of obtaining stem cells, in which I concluded that it is permissible to obtain stem cells, whether adult or embryotic, specifically from surplus fertilized eggs as well as embryos that are automatically aborted with specific legal controls.

In chapter II, I dealt with the legal situation of obtaining stem cells, in which I concluded that this may be permissible with the controls stipulated in the Egyptian Human Organ Transplantation Act No.

5 of 2010 by analogy with the provisions of this law, and in a manner that does not violate the rights.

Stipulated in the Egyptian Constitution of 2014, the general rules established in the Civil Code in this regard, and finally, I dealt with the legal controls to be available for obtaining stem cells.

Stem Cell Therapy (STCT) is a modern development for which there is no explicit legitimate provision, whether in the Holy Koran, the Prophetic Sunnah or Islamic jurisprudence, nor is it dealt with by the Egyptian legislator by regulation under special legislation, other than the Jordanian legislature, who regulates stem cells under stem cell system No.

(10) of 2016, as well as the French Public Health Act, amended by Decree No.

(294-2022), issued on March 1, 2022, on research on the human embryo, human embryonic stem cells and pluripotent adult stem cells.

This study was divided into two chapters, preceded by preliminary section on the definition, types, uses and legislative regulation of stem cells.

However, this new technique of medical treatment may face many legitimate and legal problems, based on the specificity of some sources of access, such as embryonic stem cells, obtained from excess pollinated eggs and aborted fetuses as well as through therapeutic cloning technique.