In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 94 (2/10) Human Cloning

The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 10th session in Jeddah, Kingdom of Saudi Arabia, on 23–28 Ṣafar 1418h (28 June – 3 July 1997),

Having examined the research papers concerning Human Cloning,

Having reviewed the recommendations of 9th Medical Fiqh Symposium or- ganized by the Islamic Organization for Medical Sciences of Kuwait, in cooper- ation with the Academy and other institutions, held in Casablanca, Kingdom of Morocco on 9–12 Ṣafar 1418h (14–17 June 1997),

Having listened to the discussions on the subject with the participation of Fiqh scholars and medical specialists,

Concludes

Preamble

Allāh the Almighty has created the human being in the best of his/her form and has surrounded him/her with His Generosity. Hasn’t the Almighty said, «We have honored the sons of Adam, provided them with transport on land and sea, given them for sustenance the best and purest and conferred on them special favors above a great part of our Creation.» (al-Isrāʾ, 70)?

Allāh the Almighty has endowed man with a spirit, has honored him by mak- ing him responsible, has made him His regent on earth, has allowed him to build this planet and has honored him by entrusting him with a mission compatible with his nature – this indeed is man’s very nature. The Almighty has said, «So direct your face toward the religion, inclining to truth. [Adhere to] the fitrah of Allāh upon which He has created [all] people. No change should there be in the creation of Allāh. That is the correct religion, but most of the people do not know.» (al-Rūm, 30)

Islam insists on the necessity of preserving man’s innate nature, by main- taining the five universal principles: religion, life, reason, progeny and prop- erty; and also by protecting man from any corruptive modification both at the level of causes and consequences, as witnessed by the following a ḥadīth qudsī

as quoted by al-Qurṭubī from the narration of al-Qāḍī Ismāʿīl, “I have created my servants all pure, but the Devils have come to deviate them from their re- ligion… and ordered them to change my creature.” (Tafsīr al-Qurṭubī, 5/389)

Allāh the Almighty has taught man what he ignored and ordered him to re- search, observe, think, and meditate. In many verses of the Holy Quran, Allāh the Almighty calls out man: «Don’t they see?», «Don’t they look out?», «Doesn’t man see that We created him from a drop of sperm?», «these are signs for those who understand», «this is a reminder for the conscious-minded», «Read! In the Name of Your Lord Who has created man from a clot.»

Islam does not place any obstacle or obstruction to the freedom of scientific research that constitutes a mean to discover the system established by Allāh the Almighty in His creation. Nevertheless, Islam stresses that the door cannot be left wide open without norms to the generalized implementation, without limit, of the results of scientific research, without examining them closely in the light of Shariah to authorize what is lawful and prohibit what is not. It is not allowed to apply a discovery just because such an application is technically possible. It has to be a useful science serving public interest and protecting peo- ple from harms. Science must respect human dignity, its place in the world and the purpose for which the Almighty Allāh has created him. Man should never be a field for experimentation. In any way, should his identity, his specificity and his particularity be violated. Science should neither shake the stability of social structure, nor destruct the foundation of parenthood, marriage links and family structures as they have been known through the history of mankind and preserved by the Divine Law on sound and strong bases set by the Almighty.

One innovation of our time concerns a topic that has focalized public atten- tion worldwide, through the mass media, which is “Cloning.” It was therefore necessary to let people know the rulings of Shariah on this issue, after having it studied, in all its details, by an elite group of Muslim experts, scientists, and scholars specialized in this field.

Definition of Cloning

It is generally known that the order set forward by Allāh stipulates that any hu- man being created is the result of the encounter between a spermatozoid and an ovule which nucleus contains a number of chromosomes equal to half the number of chromosomes contained in the cells of the human body. When the spermatozoid of the father (the husband) unites with the ovule of the mother (wife), the result transforms into an embryo containing a complete genetic map and capable of reproducing itself.

Once it fixes itself in the mother’s womb, this embryo gradually develops to become a complete being that will be borne by the will of Allāh. Thus, the initial

cell divides itself into two identical cells, then four, then eight, and so on, until reaching the stage of determining the differentiation of the embryonic being. If one of the cells de the embryo divides itself into two identical parts, we obtain identical twins. Such an experience has been possible with some animals and has resulted in giving birth to identical twins. This operation has been consid- ered as a form of cloning or procreation, inasmuch as it yields identical copies or species. This technique has been called “cloning by division.”

There is another method of cloning a fully-grown being. It consists in taking the nucleus of a cell containing the complete DNA of a subject and injecting it into an enucleated ovocyte. A new embryo containing a complete DNA and ca- pable of reproducing itself is therefore created. Implanted into the uterus, the embryo develops, reaches its full shape and becomes a living being, given birth fully constituted, by the will of Allāh the Almighty. This type of cloning, known as “nuclear transfer” or “nucleus replacement,” is called “cloning,” and it has led to the birth of the ewe “Dolly,” but this new creature is not an identical copy of the original because the enucleated ovule of the mother still contains remains of the nucleus in the area surrounding the removed nucleus. These remains have a noticeable effect on the transformation of the characteristics inherited from the cell. At our knowledge, such an experience has not yet, been applied to human being.

Cloning is therefore giving birth to one or several living beings, either by transplanting the nucleus of a cell into an enucleated ovule or by dividing a fertilized egg before the tissues and limbs differentiation stage.

No one ignores that such operations do neither constitute a total creation, nor a partial one. Allāh the Almighty has said, «Or do they assign to Allāh partners who have created (anything) as He has created, so that the creation seemed to them similar? Say: Allāh is the Creator of all things: He is the One, the Supreme and Irresistible.» (al-Raʿd, 16)

Allāh the Almighty also said, «Have you seen that which you emit? Is it you who creates it, or are We the Creator? We have decreed death among you, and We are not to be outdone. In that We will change your likenesses and produce you in that form which you do not know. And you have already known the first creation, so will you not remember?» (Al-Wāqiʿah, 58–62)

And the Lord also said, «Does man not consider that We created him from a [mere] sperm-drop – then at once he is a clear adversary? And he presents for Us an example and forgets his own creation. He says, “Who will give life to bones while they are disintegrated?” Say, “He will give them life who pro- duced them the first time; and He is, of all creation, Knowing.” [It is] He who made for you from the green tree, fire, and then from it you ignite. Is not He who created the skies and the earth Able to create the likes of them? Yes, [it is

so]; and He is the Knowing Creator. His command is only when He intends a thing that He says to it, “Be,” and it is.» (Yāsīn, 77–82)

The Almighty also said, «And certainly did We create man from an extract of clay. Then We placed him as a sperm-drop in a firm lodging. Then We made the sperm-drop into a clinging clot, and We made the clot into a lump [of flesh], and We made [from] the lump, bones, and We covered the bones with flesh; then We developed him into another creation. So blessed is Allāh, the best of creators.» (Al-Muʾminūn, 12–14)

Based on the studies, discussions, and Shariah principles previously presented,

The Academy resolves

1. It is prohibited to clone a human being as in the two cases mentioned above or by any other method that results in the multiplication of human
2. In case of violation of Shariah rulings underlined in the first paragraph, consequences of such acts should be brought to the Academy’s notice to clarify Shariah rulings concerning them.
3. Are prohibited all cases implying the intervention of a third party in the procreation process, whether a uterus, an ovule, a spermatozoid, or a body cell for cloning.
4. It is permissible in Shariah to use cloning techniques and genetic en- gineering in the fields of microbiology, botany and zoology, and thus within the norms prescribed by Shariah, in order to serve general interest and prevent evil consequences.
5. Call on Muslim countries to adopt laws and regulations to close all direct and indirect channels to local or foreign institutions, research institutes and foreign experts so as to prevent them from using Muslim countries as experimentation fields for the propagation of cloning.
6. The Academy and the Islamic Organization for Medical Sciences of Kuwait shall jointly monitor the issue of cloning and any new discovery in this field, and shall establish the terminology of cloning and organize seminars and meetings to clarify Shariah rulings regarding this subject.
7. Calling for the creation of specialized committees composed of experts and Fiqh scholars, to establish the rules of ethics in the field of biological research to be adopted in Muslim countries.
8. Calling for the creation and strengthening of scientific institutions and centers dealing with biological and genetic research, but in field oth-

er than human cloning, in compliance with Shariah rules, so that the Muslim world would not be remain in a state of dependency in this field.

9. Devoting the handling of scientific discoveries from an Islamic perspec- tive and calling the media to adopt godly and faithful positions regarding these issues, and to avoid using these discoveries in ways that are contrary to Islam, as well as making public opinion aware of the right to verify information before any taking any decision, as required by the Almighty Allāh who said, «And when information about safety or fear comes to them, they spread it, but if they had referred it to the Messenger or to those in authority among them, then those who can draw correct con- clusions would have known about If it were not for Allāh’s favor upon you and His mercy, you would have followed Satan, except for a few.» (Al-Nisāʾ, 83)

Indeed, Allāh is All-Knowing.