The jurisprudential characterization of gene

Introduction

Definition of Gene Therapy in Language and Idiom

The first requirement: treatment in language and idiom. The term gene therapy consists of two compound words, namely "treatment" and "gene"

Treatment is a language: the name of what is treated, and the thing is treated with treatment and treatment: it is removed, and the doctor treats the patient with treatment and treatment: i.e. he treats it[1]. ،The jurists did not mention in their books the idiomatic meaning of treatment, but rather they mentioned it in a word that is synonymous with treatment, which is (medicine), and medicine is the language: a source of treatment, and it is treated with a thing that is treated with it.[2] ،Medicine: It is the use of medication with the intention of treating or preventing the disease.[3]

As for the remedy, in other words: "It is the preservation of the existing health, the restoration of the lost health as much as possible, the removal or reduction of the disease as much as possible, and the possibility of the two lowest evils to remove the greatest of them and the loss of the two lowest interests in order to achieve the greatest of them." 

The Genes Language and Idioms

The English term "gene", which is synonymous with "inheritance" in its linguistic origins, refers to the Greek word (Genos), which means origin, species, or offspring, and this concept is linguistically related to the term "birth", which means "to give birth", and scientists and specialists have become familiar with its use to refer to the repository that preserves genetic traits[4].

A gene is a language: "A piece of the chromosome[5]  is responsible for inheriting a particular phenotypic trait"[6].

It is also known as a part of DNA found in the chromosomes of a cell, to which the characteristic genetic traits of an organism are attributed[7]

Genes are the units of genetics, which estimate the performance of the cell for its vital function, they are the indicators of the characteristics of the formation and behavior of the human being, which control the genetic traits of the height, shortness, color, shape, etc[8] and gene therapy from a medical point of view.

It is the rehabilitation or modification of genes and work to remove the damaged gene and replace a more effective and peaceful gene[9] ،It is also defined as: treatment by repairing genes, removing damaged genetic material with healthy ones by supplying the cells of the body's tissues with a sufficient amount of normal genes that compensate for the deficiency and perform the required function, or the removal of some of the genes responsible for causing a disease or a deformity, genetic diseases may be the result of a genetic defect in one or both parents, and non-genetic diseases may occur to the patient during pregnancy or after birth as a result of emergency genetic mutations, or Jane's fault[10] 

Types of Gene

Therapy Gene therapy takes two different forms, depending on the cells to be treated:

First: Gene Therapy for Non-Genetic Cells (Non-Genital).

Our body is made up of building blocks, each with a vital role and functional responsibilities, some of which may be affected by functional disorder and dysfunction due to a genetic [11]code, as this disorder has serious health consequences, such as some diseases that are sometimes difficult to control, and trials are being conducted to treat these diseases with gene therapy, such as hereditary anemia, which occurs due to the failure of bone marrow cells to produce enough hemoglobin، This is caused by a single defect in the genes, which can be treated by transferring the healthy gene to red blood cells [12]

It is known that the modifications required by inserting a gene into the chromosome in the cell must be at a specific location, as random insertion can result in a lot of damage [13]

The purpose of gene transfer to the somatic cell can be divided into two parts:

To be therapeutic: The purpose of the transfer of the gene to the somatic cell is to treat genetic diseases caused by recessive malignant genes, so that the healthy genetic copy that has been introduced into the body of the affected person begins to perform tasks that the damaged copy was unable to perform, allowing the organ to regain its usual vitality and efficiency regularly and in balance[14].

It should be improved: The healthy gene is transferred to the cells of a healthy person without disease or disease, but to improve a certain trait, such as being faster growing, smarter and more beautiful, changing the color of the eyes or skin, or removing an organ from its normal creation[15]

Second: Gene Therapy of Genetic Cells (Genes).

This therapeutic intervention targets reproductive cells (sperm and eggs) responsible for human reproduction, which are formed from germ cells that carry within them the complete genetic scheme of the human (46 chromosomes), and these cells undergo a process of meiosis that leads to the splitting of the number of chromosomes in half (23 chromosomes) to produce sperm in males and eggs in females [16].

Gene therapy for male and female gametes is based on the mechanism of integrating the healthy genetic copy into the reproductive cells or at the fertilized egg stage (zygote) before the start of tissue differentiation, which ensures that the modified gene reaches the complete genetic map of the embryo before the formation of its organs.[17]

The purpose of gene transfer to the sex cell is divided into two parts:

The purpose should be therapeutic: It is to treat genetic diseases that may affect the newborn in the future, by repairing the defect in the genes (genes) by transferring the healthy gene to the sex cell so that it performs the normal functions of the gene whose function has been disrupted.[18]

The purpose should be optimal: to intervene in the genetic factors, to remove the genetic code that carries certain traits that are intended to be excluded in order to avoid its appearance in successive offspring lineages, or to add genes with specific traits to the reproductive cells according to the breeding technique and improve it not for pathological or therapeutic reasons[19].

Gene Therapy Graduation on the Basis of "Things for Their Intentions"

The rule of affairs with its purposes is one of the general rules on which Islamic jurisprudence is based, on which many legal rulings are based, and accordingly we say: "The ruling that results from a matter is in accordance with the intention of that command"[20] for this rule is the basis for judging a person's actions, actions and meaning: The taxpayer and his actions, whether verbal or actual, have consequences and legal rulings, depending on the person's intention, purpose and purpose behind those actions and actions.[21]

Its origin is his saying. (Peace be upon him): ((Deeds are by intentions)) [22]This hadith is a clear indication that the balance of actions is the intention, intention and purpose behind that action.

It is clear from the above that this rule indicates that actions are considered according to intentions and intentions, and therefore gene therapy is ruling according to its purpose, if it is intended to cure and remove damage, restore the cell to its normal function, or prevent congenital malformations that lead to harm, then it is a praiseworthy purpose and a permissible legitimate act because it enters into the purpose of self-preservation, which is one of the overall purposes of the Shari'ah[23]This is done by saving and saving the soul by inserting a copy of the CFTR gene, which maintains the balance of water and salts in the epithelial cells lining the lungs in cystic pulmonary fibrosis. Fibrosis) [24]Pulmonary cystic fibrosis is caused by mutations in the CFTR gene, which lead to an impairment in the function of the CFTR protein, which leads to the accumulation of thick mucus in the lungs that blocks the airways, causing acute lung infections that limit the patient's ability to breathe, and through the introduction of a functional copy of the CFTR gene [25]using viral or non-viral vectors such as nanoparticles[26]With the intention of treating to repair the cells that cause pulmonary fibrosis, and improve lung function, it leads to the preservation of the soul, God willing, and achieves one of the purposes of Shariah, and thus gene therapy for the purpose of treatment is legitimately permissible.

But if the intention of gene therapy includes changing the creation of God Almighty, tampering with the genetic components of man, and changing his qualities such as color, height, shape, strength, and intelligence, according to people's desires and whims[27]This is known as genetic improvement, and the root of it is prohibition, because it changes the creation of Allah, the Almighty, with the intention of seeking good, and the angel of the matter is that changing the creation of Allah is a sin if there is a chance of obeying the Shaytaan"[28]،Allah Almighty said in his dear revelation: "And they say, 'O Messenger of Allah, I am the Creator of the world, and I am the Creator of the world, and I am the Creator of all things.' [29]

Any change that is intended to deviate from common sense or change the creation of Allah Almighty unnecessarily, away from the legitimate treatment, but for the purpose of beautification and improvement of appearance, the principle of prohibition[30]

Such improvement entails the disbursement of large sums of money without a purpose to do so, which leads to the loss of the interest of saving money, which is at the level of necessity, and the necessary interest is preceded by other interests[31].

Accordingly, the ruling on gene therapy depends on the consideration of its purposes and effects, and in this regard, the International Islamic Fiqh Academy in its twenty-first session prohibited genetic intervention for the purpose of acquiring formal features and aesthetic features, considering it a clear violation of the Shari'a principles that prohibit changing God's creation, in addition to the consequent insult to human dignity and tampering with its components in the absence of any considered therapeutic and legal necessities[32].

Shari'a Ruling on Gene Therapy

The first requirement: Ruling on the transfer of the gene to the somatic cell for the purpose of treatment

Scholars differed on the ruling on transferring a gene from one healthy cell to another for the purpose of treatment, according to two opinions:

The first view: It is permissible to transfer the gene to the somatic cell, and this is how the decision of the Islamic Fiqh Council was issued [33]The recommendation of the Islamic Organization for Medical Sciences [34]Symposium on the Ethical Implications of Gene Therapy [35]Symposium on the Ethical Implications of Advanced Research in Genetics[36]،According to the conditions they agreed upon in the sentence: Does not cause greater harm than already exists.

This treatment is likely to be in the interest of healing or pain relief.

The alternative could not be found, so gene therapy is the only possible method and no less risky alternative is available

Obtaining the consent accepted by Sharia from the transferee and the transferee, and the gene transfer process should be carried out by highly experienced, proficient, and honest specialists[37]

The second view: It is forbidden to transfer the gene to the physical cell, and some scientists and researchers have said this[38].

Those who say that it is permissible inferred from the Sunnah of the Prophet, analogy, reasonableness, and jurisprudential rules:

Their evidence is from the Sunnah of the Prophet

From Jabir (may Allah be pleased with him) from the Messenger of Allah He said:( (Writing a medicine, so it is a medicine that is a medicine with the permission of Allah, the Almighty)) [39].

Significance: Therapy by transferring the gene to the somatic cell is a type of therapy, so it is included in the general treatment that is authorized by Shari'ah [40].

Their proof of measurement

"Measuring genetic transfer on the process of organ transplantation, as the transplanted organ contains tissues, and the tissues contain cells, and inside these cells lie the genes, so it is permissible to compare and even consider that genetic transfer is permissible in terms of the fact that the process of organ transfer is not without risks for the transferee and the transferee, because the immune system does not accept the organ from which the transferee loses one of his organs, which exposes him to damage in the future, and all these risks are not realized in genetic transfer" [41].

Their evidence is reasonable.

The Islamic Sharia has been keen to preserve the soul, which is one of the five faculties and has taken care of it in all cases, as the Sharia has allowed a person to destroy one of his organs in order to preserve his life as a whole, as gene transfer therapy is permissible in order to preserve human life, because of the seriousness of some genetic diseases that may lead to his life, as this type of treatment returns the organ to the origin of its creation that God created it[42].

Their evidence is from the rules of jurisprudence

Rule (Hardship Brings Easement) [43]

If there was no difficulty in preventing interference in the human body with the presence of a genetic disease, the process of transferring the gene to the somatic cell for the purpose of treatment is a legitimate facilitation, according to the words of the Almighty.: "And what is the matter with you?"[44]

It is permissible to interfere with genes by transferring them from one place in the body to another in order to achieve the interest[45].

The proponents of the second view, who say that it is forbidden to transfer the gene to the somatic cell, cited the Qur'an and the rules of jurisprudence:

Their proof is from the Book: The Almighty said in his dear revelationHe said: "And the people of the land are the people of the world, and they are the people of the world[46]."

Significance: The transfer of a gene from one physical cell to another is one of the prohibitions mentioned in the verse, as it involves a change in the creation of Allah Almighty, because it tampered with the genetic makeup of human[47] beings.[48] (may Allah have mercy on him): "The angel of the interpretation of this verse is that every harmful change is in the verse, and every beneficial change is permissible."[49]

Their evidence is from the rules of jurisprudence

Rule (Preventing Corruption Takes Precedence over Bringing Interest)[50] :Genetic transfer to the physical cell has evils that outweigh its interests, and preventing evils is intended by Sharia, and genetic transfer is not without damages, but it increases the damage found in the disease itself, and the occurrence of any mistake in the transfer may lead to the cell turning into a cancer cell whose effect appears years later[51].

This reasoning was discussed: "The statement that genetic transfer is permissible is not absolute, but it is limited by the condition that the interest prevails over the corruptor, so it is not permissible for the harm to be greater than the corrupter."[52]

Weighting: After presenting the two statements and the inferences of the authors of each view, it becomes clear that the first view is more likely to be the first view, which is that it is permissible to transfer the gene to the physical cell for a therapeutic purpose, because its truth is to return the organ to what it was in the beginning, and there is nothing in the Shari'ah that prevents it, because "the origin is in the permissible beneficial things."[53]

The second requirement: Ruling on gene transfer to a somatic cell for the purpose of improvement.

The purpose of gene transfer to the somatic cell in this regard is not to remove damage, ward off pain, or treat an existing defect in an organ, but rather to improve some human qualities, such as increasing intelligence, changing skin color, and so on[54].

The modern jurists differed on the ruling on genetic transfer of somatic cells for the purpose of improving them on two points:

The first view: is that it is forbidden to transfer the gene to the somatic cell for the purpose of improvement, and this is the view of most scholars and jurists, and this is the recommendation of the Islamic Fiqh Academy of the Muslim World League[55] and the symposium of the Islamic Organization for Medical Sciences[56].

The second view: It is permissible to transfer the gene to the human cell for the purpose of improvement, and this is the view of some scholars. [57]

The authors of the first view, who say that it is forbidden, cited the Qur'aan and Sunnah:

Their proof is from the Book: The Almighty said in His dear revelation: "And [58]the verses of the Creator are the Revelations of the Heavens and the earth, and they are the Creators of the Universe."

Significance: The ruling prohibiting the transfer of genes to bodily cells for the purpose of improvement is intended to preserve the innate diversity of creation, where people have sought to achieve beauty according to standards promoted by profiteers in a way that contradicts the requirements of human instinct, which sees beauty in diversity and difference[59].

Their evidence is from the Sunnah of the Prophet: Abdullah bin Mas'ud (may Allah be pleased with him) said: The Messenger of Allah (may Allah be pleased with him) said(Peace be upon him):( (Curses of Allah and  the Resurrection of the Dead, and the Resurrection of the Creators of Allah)[60].

 The hadith indicates that it is not permissible for a woman to change anything of her creation that Allah has created for her by increasing or decreasing it, because it involves a change in the creation of Allah and forgery and deceit, and the first part is to prevent genetic modification for the purpose of improvement, because the harm that results from it is more severe than the harm of tattooing and tattooing, because it changes the creation of Allah[61].

The authors of the second view, who say that it is permissible, inferred from evidence from the Qur'an, Sunnah and jurisprudential rules:

Their proof is from the Book: The Almighty said in his dear revelationThe Prophet (peace and blessings of Allaah be upon him) said: "The Messenger of Allaah (peace and blessings of Allaah be upon him) said: 'O Messenger of Allaah (peace and blessings of Allaah be upon him).' He said: "The Messenger of Allaah (peace and blessings of Allaah be upon him) said: 'O Messenger of Allaah (peace and blessings of Allaah be upon him).'[62]

Significance: The noble verse indicates the praise of Talut for his attribute of knowledge and strength, and this means that the good qualities of knowledge, strength, and others are required to be acquired by Sharia, so it is permissible to ask for them in permissible ways, including gene transfer therapy to increase the percentage of intelligence, and other qualities that strengthen and develop the body[63].

Their evidence is from the Sunnah of the Prophet: Abu Hurayrah (may Allah be pleased with him) narrated that the Prophet (may Allah's peace and blessings be upon him) said: "The believers are the strongest and the most beloved to Allah from the weak believers. [64]

 The significance is that the strong believer and the weak believer and even if they participate in charity by faith, the strong believer is better and dearer to God than the weak believer, and the Shari'ah has urged to keep the human body healthy and free from diseases, and to say that gene therapy is permissible by transferring the gene to the physical cell achieves the desired goal[65].

We discussed this inference: what is meant by the strong in the hadith of the Prophet is the strength of the soul in carrying out the command of Allah and obeying Him, and if we assume that what is meant is physical strength, there is no evidence that it is permissible to treat with gene transfer for the purpose of improvement, because this power is the origin of the creation that man has fasted upon without his intervention[66].

Their evidence is from the rules of jurisprudence.

Rule (Origin in Permissible Things) [67]According to the jurisprudential rule that stipulates that the origin of permissible things is the ruling: It is permissible to transfer the gene to the physical cell for the purpose of improvement.[68]

Weighting: After presenting the two views and the inferences of the authors of each statement – and Allah knows best – that the statement that it is forbidden to transfer genes to the physical cell for the purpose of improvement is the most likely one, because the improvement of human qualities is under the change that is forbidden, as it involves a change in the creation of Allah Almighty, and the possibility of harms resulting from this type of genetic transfer.

The Third Requirement: Ruling on Gene Therapy for Sex Cells (Genitals) for the Purpose of Treatment

Gene therapy for sex cells is distinguished from gene therapy for somatic cells in two very important ways:

It leads to a complete change in human qualities and its effect extends to the offspring, so any defect will have an impact on future generations.

This change does not show its effect immediately, but after the development of the fetus.[69]

The purpose of gene transfer to the reproductive cell is divided into two parts:

Section I: Gene Transfer to the Reproductive Cell for a Therapeutic Purpose

Gene therapy aims to get rid of the bug and fix the defect by introducing the right gene into the reproductive cell to protect the newborn from genetic diseases that may affect him in the future[70].

Section II: Gene transfer to the reproductive cell for an optimization purpose.

Modern jurists differed on the ruling on transferring a gene from one of the spouses to the reproductive cells for a therapeutic purpose, according to two opinions:

The first view: The prohibition of genetic transfer to reproductive cells, and many recommendations have been issued by scientific bodies and jurisprudential seminars, and this is the view of a group of researchers[71].

The second view: It is permissible to transfer a gene from one of the spouses to the reproductive cell for a therapeutic purpose under five conditions:

Genetic transfer must be in the event of the conjugal relationship.

The transfer must be with the consent of the spouses.

Taking all precautions to prevent the mixing of the couple's reproductive cells.

That there should be a necessity for that.

Unless the harm resulting from the transfer is greater than the benefit, and the decision of the Jordanian Islamic Medical Sciences Society was issued on this[72] basis, which is the opinion of some researchers. [73]

The authors of the first view, who say that it is forbidden, have inferred from evidence from reason and rules of jurisprudence:

Their evidence is reasonable:

First, the results of gene transfer to the reproductive cell may be shrouded in mystery, as the mere introduction of a new gene into the cell may cause a major disruption and dysfunction of some of the existing genes, which may then cause a number of serious diseases resulting from this disorder, such as cancer, which may be worse than the disease to be treated [74].

Second: Performing this therapeutic method is suspected of mixing genealogicals, as it requires keeping reproductive cells in laboratories for a period of time, and the mistake may occur and cells that are foreign to the couple are used.[75]

Their evidence is from the rules of jurisprudence.

Rule (Origin in Goods[76] اto prohibit) [77].

Rule (followed) [78].

Significance: The follower of jealousy in existence is a fact or a judgment to which the ruling of the follower applies, i.e., he is not alone in the ruling, but enters into the ruling with his follower, as the reproductive cells are considered subordinates of the goods, and therefore the ruling of the reproductive cells is the ruling of the goods, and the rule stipulates that the origin of the goods is the prohibition[79]، If a woman meets a halal and haraam, the prohibition prevails."[80]

The proponents of the second view, who say that it is permissible to transfer genetic cells between the spouses for the purpose of treatment, are based on evidence from the Sunnah and the reasonable.

Their evidence is from the Sunnah of the Prophet (peace and blessings of Allaah be upon him): "Usamah ibn Shirk (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: "Allaah is the Almighty, and Allaah does not give him any medicine except for the one who has the right to do so." [81]

Significance: The hadith commanded medicine, and urged the adoption of legitimate reasons, and among the methods of treatment is the treatment of gene transfer of reproductive cells, as it contains a cure for genetic and serious diseases[82].

Their evidence is reasonable: "If it is permissible to transfer organs to a human being, then it is also permissible to transfer the gene to the reproductive cell of the couple because both are important as a cure for diseases"[83].

This inference was discussed: that the measurement of gene transfer over organ transfer is measured with the difference[84]، Organ transplantation is a therapeutic method that has been proven to be beneficial in curing diseases, unlike gene transfer to the reproductive cell, a scientific fantasy under research, and organ transplantation is limited to the donor, while gene transfer to the reproductive cell may extend its harm to generations[85].

Weighting: After presenting the two statements and the inferences of the authors of each view, I am inclined to say that the genetic transfer of reproductive cells is prohibited based on the decision recently issued by the International Islamic Fiqh Council in its twenty-first session held in Riyadh from 15 to 19 Muharram 1435 AH corresponding to 18-22 November 2013, which stipulated: "Gene therapy for sex cells in its current form, which does not take into account the Shari'a rulings, especially the non-mixing of genealogies, is a prohibition, because of this kind of danger and harm[86]  ".

The Fourth Requirement: Ruling on Transferring the Gene to the Sex Cell (Genital) for the Purpose of Improvement.

First: Ruling on Transferring the Gene from One of the Spouses to the Reproductive Cell for the Purpose of Improvement.

Scholars have agreed that it is forbidden to transfer genes to the reproductive cell for an improved purpose, such as modifying the characteristics of the newborn without the need for treatment, and this decision and recommendations were issued by the Islamic Fiqh Academy of the Muslim World League.[87] Islamic Organization for Medical Sciences [88]، Symposium on the Ethical Implications of Gene Therapy, and Symposium on the Ethical Implications of Advanced Research In genetics[89]،They quoted evidence from the Qur'an, Sunnah and reasonable:

 Their proof is from the Book: The Almighty said in His dear revelation: "And they will not be able to do anything about it, and they will not be able to do anything about it, and they will not be able to do anything about it."[90] It is still.

Significance: The noble verse refers to the reproach and warning of those who do not create Allah, as it takes him out of his normal nature, and it shows that the change in Allah's creation is the command of the Shaytaan and his demise, and accordingly, genetic transfer, if it was for the purpose of improvement, is like obtaining a perfect human lineage, it includes changing the creation of Allah Almighty and tampering with it, as it is included in the reproach according to Shari'ah and is considered one of the forbidden things that the Shaytaan commands people to do[91].

The Messenger of Allah (may Allah's peace and blessings be upon him) said[92].

Significance: The hadith indicates that Allah (swt) cursed everything that was altered in Allah's creation, such as tattoos, tattoos, and tattoos, and this curse includes genetic transfer for the purpose of improvement.[93]

Their evidence is reasonable: "The transfer of the gene to the reproductive cell in order to acquire desirable traits does not have a legitimate need in it, rather it is a matter of tampering with the human being and insulting his dignity, and the Shari'ah does not permit such things”[94] Tampering with sex cells is beyond the personal choices of human beings, as it is related to the genetic future of future generations.[95]

Second: Ruling on Gene Transfer to Genital Cells from Non-Spouses.

Gene transfer from a foreign man or woman for the purpose of treatment.

"If a healthy gene is taken from a man or a woman who is foreign to the couple who have the fertilized cell, then the ruling here is undoubtedly haraam, because this process leads to the mixing of genealogies, which is haraam in Islamic law, and what leads to haram is haraam." [96]The prohibition is inferred from evidence from the Qur'aan, Sunnah and reasonable:

Their proof is from the Book: The Almighty said in His dear revelation: ﴿وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ﴾[97]

Significance: The noble verse nullifies adoption, and commands that each one be attributed to his father, because of the mixing of genealogies, so the pretender does not become a child by adoption, and therefore the treatment by transferring a foreign gene from the spouses is attributed to the child to the unreal parents, and this is what the Shari'ah has invalidated[98].

[99]The Messenger of Allah (Ruwayfiʿ ibn Thābit al-Anṣārī: He is Ruwayfiʿ ibn Thābit ibn Sakan ibn ʿAdī ibn Ḥāritha al-Anṣārī al-Madanī, a Companion who narrated from the Prophet (peace be upon him). He died in 56 AH in Cyrenaica, where he was also its governor) (may Allah's peace and blessings be upon him) said:[100]

This is an analogy to approximation, which is when he says that the implantation of someone else cuts off the addition of the king of the implant from the sowing and proves it to the owner of the implant, which is the sower, so his analogy in analogy with him is that the child should not belong to all of them, as the Shari'ah forbade the introduction of a man's water over the water of another person, and in the treatment of the transfer of a gene from other spouses, the insertion of a third party into the primary cells of the fetus, and the entry of new water is forbidden As the text of the hadith[101].

Their evidence is reasonable: the Shari'ah came to preserve the offspring and the display and forbid everything that leads to the mixing of genealogies, and therefore the treatment by transferring a foreign gene to the reproductive cells produces an unidentified generation, which leads to the mixing of genealogies, and what was otherwise forbidden by Shari'ah[102].

Third: Ruling on Gene Transfer from a Foreign Man or a Foreign Woman for the Purpose of Improvement.

A foreign gene responsible for the desired trait of reproductive cells is transferred to appear in the expected offspring, by transferring a gene from a foreign or a gene cloned in the laboratory to the sperm for the purpose of modification and improvement, and it appears that the ruling is prohibition and prohibition in terms of what this act leads to in violating the purposes of the Shari'ah in preserving the soul and not mixing with it, and what leads to it spoiling the life of human beings and tampering with their nature[103].

This ruling is agreed upon by modern scholars and jurists, and there is no dispute about it, as it is a practice that is prohibited by Sharia, and fatwas and recommendations have been issued by several scientific groups and seminars (The seminars and scholarly bodies issuing fatwas prohibiting gene transfer from a foreign source into germ cells for enhancement purposes include: the Islamic Fiqh Academy of the Muslim World League (15th session, Rajab 1419 AH), the Islamic Organization for Medical Sciences, the Jordanian Islamic Medical Sciences Association, the Symposium on the Ethical Implications of Gene Therapy, and the Symposium on the Ethical Implications of Advanced Genetic Research)[104]This is for the following:

"None of the tools and means of genetic engineering shall be used to tamper with human personality and individual responsibility, or to interfere with the structure of genes under the pretext of improving the human lineage"[105].

The fact that the true Shari'ah has forbidden the change of God's creation in any way, and the person who does it promises to curse and expel from God's mercy, and to modify it with the intention of improving and adding desirable qualities to the next offspring, falls under the forbidden change, because they change the genetic content, and this does not go beyond being a change in the creation of God Almighty.

Modification of genetic traits is a matter based on changing God's creation without an urgent and necessary need that requires this modification, and there is no doubt that this process is not without harms, as it is not permissible to expose people to risks unnecessarily in order to achieve illegitimate purposes.

The permissibility of transferring a gene for the purpose of improvement opens the door of a great corruption that must be closed, because the change of these traits is the result of personal desires and whims, and they change according to their owners [70, p. 713; 71, p. 346; 72, p. 2302].

Conclusion

Key Findings

This study concluded with several results, the most important of which are:

1. The research confirmed the possibility of gene therapy on the basis of "things for their purposes" as it is a therapeutic means to prevent and treat genetic diseases, as the purpose was therapeutic.
2. It is permissible to transfer a gene from a somatic cell for a therapeutic purpose, as it is to restore the organ to its normal function.
3. It is not permissible to transfer the gene to the bodily cells and the sexual cells (genitals) for the purpose of improvement, whether the gene transferred from the couple or from a foreign source, and any substitution or addition to the creation of Allah Almighty and deviation from common sense.
4. Emphasizing that the use of gene therapy must be within the limits of permissible Shari'a in order to ensure that the purposes of Shari'a such as the preservation of one's life and offspring are not violated.

[1] Lisan al-Arab (2/327), Al-Misbah al-Munir by al-Fayumi (2/425), Maqayis al-Lughah by Ibn Faris (4/122), and Al-Mu'jam al-Wasit, a collection of authors (2/425).

[2] See: Mukhtar al-Sihah by al-Razi (1/110) and Al-Mu'jam al-Wasit (1/306-488).

[3] The Encyclopedia of Medical Jurisprudence by Ahmad Muhammad Kanaan, p. 193.

[4] See: Genes and Their Rulings in Islamic Jurisprudence: A Comparative Study by Imad al-Din Hamad Abdullah al-Mahalawi, Hassan al-Asriyyah Library, Beirut, Lebanon, 1st edition (1435 AH - 2014 CE), pp. 57-58.

[5] Chromosomes: It is a nuclear structure located inside the nucleus that has specific characteristics, characteristics, and functions, each chromosome carries a certain number of genes, where the genes are found in the somatic cells carried on chromosomes, (see: Fundamentals of Genetics, Genetic Traits and Diseases, Maha Ali Fahmy Sedqi, Dar Al-Fikr Al-Arabi-Purit, 1st Edition, (1434 AH-2013 AD), p. 19.

[6] Genetics, Makram Diaa Shakara, Dar Al-Masirah for Publishing and Distribution, 1st edition, (1999 AH - 1419 AD), p. 130

[7] See: Contemporary Arabic Dictionary, Ahmed Mukhtar Omar, (1/428)

[8] (Saleh bin Abdul Aziz, (2000), The Human Genome: The Book of Life, Scientific Miracles in the Qur'an and Sunnah Journal, Issue: Seventh, p. 39, and The Sharia Description of the Human Genome and Gene Therapy, Ajil Jassim Al-Nashmi, Riyadh, 1st Edition, (1434 AH - 2012 AD), p. 171

[9] ʿAlī Muḥyī al-Dīn al-Qaraḍāghī and ʿAlī Yūsuf al-Muḥammadī, Fiqh al-Qaḍāyā al-Ṭibbiyya al-Muʿāṣira [Jurisprudence of Contemporary Medical Issues], p. 311.

[10] Maryam Jābir Salmān Harūbī and Maryam ʿAṭiyya Būziyān, “Takhrīj Masʾalat al-ʿIlāj al-Jīnī ʿalā al-Qawāʿid al-Maqāṣidiyya wa al-Fiqhiyya” [Deriving the Issue of Gene Therapy According to Maqāṣid and Jurisprudential Principles], Majallat al-Qalam lil-ʿUlūm al-Islāmiyya wa al-Taṭbīqiyya [Al-Qalam Journal for Islamic and Applied Sciences], vol. 12, no. 5, 2025, p. 425.

[11] Genetic Code: The genetic code represents the precise arrangement of the nucleotide sequence in each chromosome, which determines the phenotypic characteristics such as height, hair color, skin color, and eye color, in addition to the structural and physiological traits necessary for the body to perform its various biological functions (See: Genetic Engineering and Gene Therapy, Ṣabā ʿAbd al-Salām al-Sulṭān, reviewed by Nabīl Najīb Fāḍil, Faculty of Medicine of Nineveh, University of Mosul, 1st ed., 1431 AH/2010 CE, p. 9).

[12] See: Saʿd ibn ʿAbd al-ʿAzīz ibn ʿAbd Allāh al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya [Rulings on Genetic Engineering], p. 327.

[13] Fiqh al-Qaḍāyā al-Ṭibbiyya al-Muʿāṣira [Jurisprudence of Contemporary Medical Issues], op. cit., p. 311.

[14] See: Muḥammad Jabr al-Alfī, “Al-Wirātha wa al-Handasa al-Wirāthiyya wa al-Jīnūm al-Basharī min Manẓūr Islāmī” [Heredity, Genetic Engineering, and the Human Genome from an Islamic Perspective], in Proceedings of the Islamic Conference of the International Islamic Fiqh Academy held in Jeddah, 1434 AH, 20th session, p. 17; and Nūr al-Dīn ibn Mukhtār al-Khādimī, “Al-Jīnūm al-Basharī wa Ḥukmuhu al-Sharʿī” [The Human Genome and Its Legal Ruling], in Proceedings of the Conference of Genetic Engineering between Sharia and Law, College of Sharia and Law, United Arab Emirates University, 1422 AH/2002 CE, p. 42.

[15] See: Saʿd ibn ʿAbd al-ʿAzīz ibn ʿAbd Allāh al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya [Rulings on Genetic Engineering], p. 330.

[16] See: ʿĀʾida Waṣfī ʿAbd al-Hādī, Muqaddima fī ʿIlm al-Wirātha [Introduction to Genetics], Dār al-Shurūq, ʿAmmān, 1st ed., 1418 AH/1998 CE, p. 54; and Ibtihāl Muḥammad Ramaḍān Abū Jazar, (2008), “Al-ʿIlāj al-Jīnī lil-Khalāyā al-Bashariyya fī al-Fiqh al-Islāmī” [Gene Therapy for Human Cells in Islamic Jurisprudence], published Master’s thesis, Islamic University of Gaza, Faculty of Sharia and Law, p. 64.

[17] See: ʿImād al-Dīn Ḥamad ʿAbd Allāh al-Maḥlawī, Genetic Genes and Their Rulings in Islamic Jurisprudence, 1st ed., Beirut, Lebanon, 1435 AH/2014 CE, p. 84.

[18] See: Saʿd ibn ʿAbd al-ʿAzīz ibn ʿAbd Allāh al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya [Rulings on Genetic Engineering], p. 301.

[19] See: Mayāda Muḥammad al-Ḥasan, Al-Jīnūm al-Basharī wa al-ʿIlāj al-Jīnī fī Maqāṣid al-Sharīʿa [The Human Genome and Gene Therapy in the Objectives of Islamic Law], pp. 22–23.

[20] See: Aḥmad ibn Shaykh Muḥammad al-Zarqā, Sharḥ al-Qawāʿid al-Fiqhiyya [Explanation of the Legal Maxims], p. 47.

[21] See: Muṣṭafā Aḥmad al-Zarqā, Al-Madkhal al-Fiqhī al-ʿĀmm [General Introduction to Islamic Jurisprudence], vol. 2, p. 980; Muḥammad Ṣidqī al-Burnū, Al-Wajīz fī Īḍāḥ Qawāʿid al-Fiqh al-Kulliyya [The Concise Explanation of the Universal Legal Maxims], p. 124; and Muḥammad Ṣidqī al-Burnū, Mawsūʿat al-Qawāʿid al-Fiqhiyya [Encyclopedia of Legal Maxims], vol. 1, p. 124.

[22] Narrated by al-Bukhārī in his Ṣaḥīḥ, Book of the Beginning of Revelation (Kitāb Badʾ al-Waḥy), Chapter: How the Revelation to the Messenger of Allah (ﷺ) Began (Bāb Kayfa Budiʾa al-Waḥy ilā Rasūl Allāh), ḥadīth no. 1, vol. 1, p. 6.

[23] See: Muḥammad ibn Muḥammad ibn Mukhtār al-Shanqīṭī, Aḥkām al-Jirāḥa al-Ṭibbiyya wa Āthāruhā [Rulings on Medical Surgery and Its Consequences], Al-Ṣaḥāba Library, Jeddah, 2nd ed., 1415 AH/1994 CE, p. 379.

[24] Cystic Fibrosis: A genetic disease resulting from a mutation in the gene responsible for encoding the CFTR protein, which maintains the balance of water and salts. This leads to the abnormal accumulation of thick, sticky mucus that can block the airways, causing severe respiratory problems and bacterial lung infections. These infections result in chronic cough, wheezing, and inflammation. Over time, these symptoms lead to permanent lung damage. Most patients with cystic fibrosis also suffer from intestinal obstruction occurring shortly after birth, as well as accumulation of thick mucus in the pancreas, which can lead to diabetes known as cystic fibrosis–related diabetes (See: Loscalzo et al. (2022), Harrison’s Principles of Internal Medicine, 21st ed., McGraw Hill Professional, vol. 2, pp. 2176–2178).

[25] Ann Harris, (2021), Human Molecular Genetics and The Long Road to Treating Cystic Fibrosis, Oxford, vol. 30, no. 20, p. 269; and Gordana Vunjak-Novakovic, (2025), Delivering Gene Therapy to the Lung Using Nanoparticles, Columbia University Irving Medical Center, New York, NY 10032, United States.

[26] Nanoparticles: These are gene carriers due to their nanoscale size, high surface-area-to-volume ratio, and stability. Their surfaces can also be modified to bind a wide range of ligands and receptors. There are several types of nanoparticles used in gene delivery, including lipid nanoparticles (LNPs), which encapsulate genetic material such as DNA and mRNA, protect it, and then fuse with the cell membrane to release the gene or functional copy inside the cell. There are also polymeric nanoparticles, which are composed of engineered chemical chains, and inorganic nanoparticles, which are mainly composed of metals and metal sulfides/oxides, including gold colloids that exhibit unique optical properties. Researchers focus on controlling the size and shape of gold nanoparticles and modifying their surface functions to fully realize their potential in gene therapy (See: Milad Soleimani, (2016), “Nanoparticles in Gene Therapy,” International Journal of Integrative Biology, vol. 17, no. 1, pp. 10–13).

[27] See: Saʿd ibn ʿAbd al-ʿAzīz ibn ʿAbd Allāh al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya [Rulings on Genetic Engineering], p. 343.

[28] Muḥammad al-Ṭāhir ibn Muḥammad ibn Muḥammad al-Ṭāhir ibn ʿĀshūr al-Tūnisī (d. 1393 AH), Maqāṣid al-Sharīʿa al-Islāmiyya [The Objectives of Islamic Law], ed. Muḥammad al-Ḥabīb Ibn al-Khūja (d. 1433 AH), Ministry of Endowments and Islamic Affairs, Qatar, n.d. ed., 1425 AH/2004 CE, vol. 1, p. 451.

[29] Sūrat al-Nisāʾ, verse 119.

[30] See: Bakr ibn ʿAbd Allāh Abū Zayd ibn Muḥammad ibn ʿAbd Allāh ibn Bakr ibn ʿUthmān ibn Yaḥyā ibn Ghayhab ibn Muḥammad (d. 1429 AH), Fiqh al-Nawāzil [Jurisprudence of Contemporary Issues], Muʾassasat al-Risāla, 1st ed., 1416 AH/1996 CE, vol. 2, p. 33.

[31]See: Saʿd ibn ʿAbd al-ʿAzīz ibn ʿAbd Allāh al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya [Rulings on Genetic Engineering], p. 343.

[32] International Islamic Fiqh Academy, Resolution on Genetics, Genetic Engineering, and the Human Genome, 21st session, Resolution No. 203 (9/21).

[33] “The First Resolution Regarding Muslims’ Benefit from the Science of Genetic Engineering,” Majallat Qarārāt al-Majmaʿ al-Fiqhī al-Islāmī [Journal of the Resolutions of the Islamic Fiqh Academy], 15th session, 1419 AH, p. 314.

[34] “The symposium considered it permissible to use genetic engineering in preventing disease, treating it, or alleviating its harm, whether through genetic surgery that replaces one gene with another or inserts a gene into the patient’s cells” (See: Symposium on Heredity, Genetic Engineering, the Human Genome, and Gene Therapy – An Islamic Perspective, Journal of the Islamic Organization for Medical Sciences, 1419 AH, vol. 2, p. 1048).

[35] Symposium on the Ethical Implications of Gene Therapy, organized by the College of Science at Qatar University in cooperation with the Islamic World Educational, Scientific and Cultural Organization (ISESCO), October 2001 CE, pp. 6–7.

[36] Symposium on (The Ethical Implications of Advanced Research in Genetics), organized by the College of Science at Qatar University in cooperation with Islamic World Educational, Scientific and Cultural Organization (ISESCO) and the Islamic Da‘wah Society, held 21 Sha‘ban 1413 AH corresponding to 13–15 February 1993 CE, p. 361.

[37] The First Resolution on Muslims Benefiting from Genetic Engineering, Journal of the Resolutions of the Islamic Fiqh Academy, p. 314; and Iyad Ahmad Ibrahim, Genetic Engineering between Scientific Data and Sharia Controls, Dar al-Fath for Studies and Publishing, Amman, Jordan, 1st ed., 1423 AH/2003 CE, p. 95; and Ali Mohieddin al-Qaradaghi, Gene Therapy from the Perspective of Islamic Jurisprudence, pp. 15–16; and Muhammad Ali al-Bar & Hassan Shamsi Pasha, Medical Research Ethics, Dar al-Qalam, Damascus, n.d. ed., pp. 126–127.

[38] See: Ali Muhammad Yusuf al-Mohammadi, Genetic Diseases from an Islamic Perspective (in Jurisprudential Research in Contemporary Medical Issues), p. 116. It should be noted that some scholars suspended judgment on this issue due to the ambiguity of its outcomes and effects, as gene therapy is still in its early stages and experiments are insufficient for definitive rulings; this is the opinion of Sheikh Abu Bakr ibn Abdullah Abu Zayd and Sheikh Muhammad ibn Abdullah al-Subayl (See: Journal of the Resolutions of the Islamic Fiqh Academy, p. 315)

[39] Narrated by Muslim in Kitab al-Salam, Chapter: For Every Disease There is a Cure and the Recommendation of Seeking Treatment, vol. 4, p. 1729, hadith no. 2204.

[40] See: Abdul Nasser Abu al-Basal, Genetic Engineering from a Jurisprudential Perspective, vol. 2, p. 711.

[41] Sumayya Abdul ‘Ati Muhammad, Tampering with Genetic Genes, p. 2279.

[42] See: Al-Shatibi, Al-Muwafaqat, vol. 2, p. 20; Usama al-Sayyid Abd al-Sami‘, Legitimacy of Human Body Disposition in Light of Sharia and Positive Law, Dar al-Nahda al-‘Arabiyya, Cairo, n.d. ed., 1418 AH/1998 CE, p. 97; and Ibtihal Ramadan, Gene Therapy for Human Cells, p. 37.

[43] Al-Suyuti, Al-Ashbah wa al-Naza’ir, p. 76; Al-Zarqa, Explanation of Legal Maxims, p. 157; Taqi al-Din al-Hasni, Al-Qawa‘id, vol. 1, p. 308.

[44] Surah al-Hajj, verse 78.

[45] See: Ibtihal Ramadan, Gene Therapy for Human Cells, p. 37.

[46] Surah al-Nisa’, verse 119.

[47] See: Ali Muhammad Yousef al-Mohammadi, Genetic Diseases from an Islamic Perspective (p. 116); and Ali Mohieddin al-Qaradaghi, Gene Therapy from the Perspective of Islamic Jurisprudence (p. 18).

[48] Ibn ʿAṭiyya: He is al-Qāḍī Abū Muḥammad ʿAbd al-Ḥaqq ibn Ghālib ibn ʿAbd al-Raḥmān ibn ʿAṭiyya al-Andalusī, born in 481 AH. He was distinguished for his intelligence and understanding, and had extensive expertise in Qur’anic exegesis, jurisprudence, hadith, grammar, and language. He died in 542 AH. He authored Al-Muḥarrar al-Wajīz fī Tafsīr al-Kitāb al-ʿAzīz (See: Shajarat al-Nūr al-Zakiyya fī Ṭabaqāt al-Mālikiyya, Muḥammad ibn Muḥammad ibn ʿUmar ibn ʿAlī Ibn Sālim Makhlūf (d. 1360 AH), annotated by ʿAbd al-Majīd Khayyālī, Dār al-Kutub al-ʿIlmiyya, Lebanon, 1st ed., 1424 AH/2003 CE, vol. 1, p. 189; and Siyar Aʿlām al-Nubalāʾ, Shams al-Dīn Muḥammad ibn Aḥmad al-Dhahabī (d. 748 AH), ed. Maʾmūn al-Ṣāgharjī, Muʾassasat al-Risāla, 3rd ed., 1405 AH/1985 CE, vol. 19, p. 586).

[49] Abū Muḥammad ʿAbd al-Ḥaqq ibn Ghālib ibn ʿAbd al-Raḥmān ibn Tamām ibn ʿAṭiyya al-Andalusī al-Muḥāribī (d. 542 AH), Al-Muḥarrar al-Wajīz fī Tafsīr al-Kitāb al-ʿAzīz, ed. ʿAbd al-Salām ʿAbd al-Shāfī Muḥammad, Dār al-Kutub al-ʿIlmiyya, Beirut, 1st ed., 1422 AH/2002 CE, vol. 2, p. 115.

[50] Al-Subkī, Al-Ashbāh wa al-Naẓāʾir, p. 105; Al-Suyūṭī, Al-Ashbāh wa al-Naẓāʾir, p. 87; and Wahba al-Zuḥaylī, Sharḥ al-Qawāʿid al-Fiqhiyya wa Taṭbīqātuhā fī al-Madhāhib al-Arbaʿa, vol. 1, p. 238.

[51] See: Ali Muhammad Yusuf al-Mohammadi, Genetic Diseases from an Islamic Perspective, p. 116; and Sumayya Abd al-ʿĀṭī Muḥammad, Tampering with Genetic Genes, p. 2282.

[52] Saʿd ibn ʿAbd al-ʿAzīz al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, p. 133.

[53] Jamāl al-Dīn ʿAbd al-Raḥīm al-Isnawī, Nihāyat al-Sūl – Sharḥ Minhāj al-Wuṣūl, p. 360; and Jalāl al-Dīn al-Maḥallī, Sharḥ al-Waraqāt fī Uṣūl al-Fiqh, ed. Ḥussām al-Dīn ibn Mūsā ʿAfāna, Al-Quds University, 1st ed., 1420 AH/1999 CE, p. 210.

[54] See: Ali Mohieddin al-Qaradaghi, Gene Therapy from the Perspective of Islamic Jurisprudence, p. 117.

[55] “The First Resolution on Muslims Benefiting from the Science of Genetic Engineering,” Journal of the Resolutions of the Islamic Fiqh Academy, p. 314.

[56] Symposium on Heredity, Genetic Engineering, the Human Genome and Gene Therapy – An Islamic Perspective, Journal of the Islamic Organization for Medical Sciences, 1419 AH, vol. 2, p. 1049.

[57] Saʿd ibn ʿAbd al-ʿAzīz ibn ʿAbd Allāh al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya [Rulings on Genetic Engineering], p. 345; and Sumayya Abd al-ʿĀṭī Muḥammad, Tampering with Genetic Genes, p. 2285.

[58] Surah al-Rūm, verse 22.

[59] See: Mayāda Muḥammad al-Ḥasan, The Human Genome and Gene Therapy in the Objectives of Islamic Law (Maqāṣid al-Sharīʿa), p. 23.

[60] Narrated by al-Bukhārī in Kitāb al-Libās, Chapter: The Tattooed Woman, vol. 7, p. 167, ḥadīth no. 5948; and Muslim in Kitāb al-Libās wa al-Zīna, Chapter: The Prohibition of Hair Extensions and the One Who Seeks Them, vol. 3, p. 1678, ḥadīth no. 2125.

[61] ʿAwādī Zubayr (2015), “Genetic Engineering between Jurisprudential and Legal Perspectives,” Journal of Scientific Research and Islamic Studies, issue 8, p. 164.

[62] Surah al-Baqarah, verse 247.

[63] See: ʿAwādī Zubayr, Legal Rulings on Applications of Genetic Engineering and Gene Therapy, p. 342.

[64] Narrated by Muslim in Kitāb al-Qadar, Chapter: Command to Strength and Avoiding Helplessness and Seeking Help from Allah, vol. 4, p. 2052, ḥadīth no. 2664.

[65] See: Sumayya Abd al-ʿĀṭī Muḥammad, Tampering with Genetic Genes, p. 2289.

[66] Awādī Zubayr, Legal Rulings on Applications of Genetic Engineering and Gene Therapy, p. 343.

[67] Al-Suyūṭī, Al-Ashbāh wa al-Naẓāʾir, p. 60; Ibn Nujaym, Al-Ashbāh wa al-Naẓāʾir, p. 56; and Muḥammad Muṣṭafā al-Zuḥaylī, Legal Maxims and Their Applications in the Four Schools, vol. 1, p. 190.

[68] See: Sumayya Abd al-ʿĀṭī Muḥammad, Tampering with Genetic Genes, p. 2291; and Ibtihāl Ramaḍān, Gene Therapy for Human Cells, p. 69.

[69] See: Mayāda Muḥammad al-Ḥasan, The Human Genome and Gene Therapy in the Objectives of Islamic Law (Maqāṣid al-Sharīʿa), p. 22.

[70] See: Mayāda Muḥammad al-Ḥasan, The Human Genome and Gene Therapy in the Objectives of Islamic Law (Maqāṣid al-Sharīʿa), p. 22.

[71] This is the view of the majority of contemporary researchers, and it was adopted in the recommendation of the Islamic Organization for Medical Sciences, the Symposium on the Ethical Implications of Gene Therapy, and the Symposium on the Ethical Implications of Advanced Research in Genetics (See: Hila bint ʿAbd al-Raḥmān ibn Muḥammad al-Yābis, (1431 AH), Al-Amrāḍ al-Wirāthiyya Ḥaqīqatuhā wa Aḥkāmuhā fī al-Fiqh al-Islāmī [Genetic Diseases: Their Reality and Rulings in Islamic Jurisprudence], PhD dissertation, Imam Muhammad ibn Saud Islamic University, College of Sharia, p. 605; and Ali Muhammad Yusuf al-Mohammadi, Genetic Diseases from an Islamic Perspective, p. 117).

[72] See: Contemporary Medical Issues in the Light of Islamic Sharia, Islamic Medical Sciences Society, vol. 2, p. 270; Saad ibn ʿAbd al-ʿAziz ibn ʿAbd Allah al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, p. 303; Abdul Nasser Abu al-Basal, Gene Therapy in Light of Sharia Controls (within the Proceedings of the Symposium on the Ethical Implications of Gene Therapy), p. 10; and Muhammad Abdul Jawad al-Natsheh (1422 AH), Emerging Medical Issues in Light of Islamic Sharia, PhD thesis, Omdurman Islamic University, Al-Hikma Magazine Series in Britain, p. 192.

[73] See: Abdul Nasser Abu al-Basal, Genetic Engineering from a Jurisprudential Perspective, vol. 2, p. 707; Bakr ibn ʿAbd Allah Abu Zayd, Fiqh al-Nawāzil, Muʾassasat al-Risāla, 1st ed., 1416 AH/1996 CE, vol. 1, p. 270.

[74] See: Saʿd ibn ʿAbd al-ʿAziz ibn ʿAbd Allah al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, p. 306.

[75] See: Hila bint ʿAbd al-Raḥmān al-Yābis, Genetic Diseases: Their Reality and Rulings in Islamic Jurisprudence, p. 609.

[76] Al-Suyūṭī, Al-Ashbāh wa al-Naẓāʾir, p. 61; Ibn Nujaym, Al-Ashbāh wa al-Naẓāʾir, p. 57; Muḥammad Ṣidqī al-Burnū, Encyclopedia of Legal Maxims, vol. 1/2, p. 117.

[77] Al-Suyūṭī, Al-Ashbāh wa al-Naẓāʾir, p. 117; Muḥammad Ṣidqī al-Burnū, Encyclopedia of Legal Maxims, p. 152.

[78] See: Muḥammad Ṣidqī al-Burnū, Encyclopedia of Legal Maxims, vol. 1/2, p. 117; and Wahba al-Zuḥaylī, Legal Maxims and Their Applications in the Four Schools, vol. 1, p. 193.

[79] Badr al-Dīn al-Zarkashī, Al-Manthūr fī al-Qawāʿid al-Fiqhiyya, vol. 1, p. 177.

[80] Narrated by Abū Dāwūd in Sunan Abī Dāwūd, Book of Medicine, Chapter: A Man Seeking Treatment, vol. 4, p. 3, ḥadīth no. 3855; graded ṣaḥīḥ by al-Albānī.

[81] See: ʿAwādī Zubayr, Legal Rulings on Applications of Genetic Engineering and Gene Therapy, p. 354.

[82] Saʿd ibn ʿAbd al-ʿAziz al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, p. 305.

[83] See: Fatāwā al-Shabaka al-Islāmiyya, Fatwa Committee, (1430 AH/2009 CE), vol. 23, p. 72.

[84] See: Hila bint ʿAbd al-Raḥmān al-Yābis, Genetic Diseases: Their Reality and Rulings in Islamic Jurisprudence, p. 612.

[85] Resolutions of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, 21st session on heredity, genetic engineering, and the human genome (GM), Resolution No. 203 (9/21).

[86] “The First Resolution on Muslims Benefiting from Genetic Engineering,” Journal of the Resolutions of the Islamic Fiqh Academy, p. 314.

[87] Symposium on Heredity, Genetic Engineering, the Human Genome, and Gene Therapy – An Islamic Perspective, Journal of the Islamic Organization for Medical Sciences, 1419 AH, vol. 2, pp. 1048–1049.

[88] Saʿd ibn ʿAbd al-ʿAziz ibn ʿAbd Allah al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, p. 310.

[89] Saʿd ibn ʿAbd al-ʿAzīz ibn ʿAbd Allāh al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya [Rulings on Genetic Engineering], p. 310.

[90] Surah al-Nisāʾ, verse 119.

[91] See: Saʿd ibn ʿAbd al-ʿAzīz al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, p. 313; and ʿAwādī Zubayr, Legal Rulings on Applications of Genetic Engineering and Gene Therapy, p. 349.

[92] Previously referenced.

[93] See: Iyad Ahmad Ibrahim, Genetic Engineering between Scientific Data and Sharia Controls, Dar al-Fath for Studies and Publishing, Amman, Jordan, 1st ed., 1423 AH/2003 CE, p. 154 (originally a PhD dissertation submitted to the Faculty of Sharia, University of Jordan); and Ali Mohieddin al-Qaradaghi & Ali Yusuf al-Muhammadi, Contemporary Medical Issues in Jurisprudence, vol. 4, p. 328.

[94] Saʿd ibn ʿAbd al-ʿAzīz al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, p. 318.

[95] Hanāʾ bint ʿAbd al-Raḥmān al-Māḍī, “Gene Transfer Therapy and Its Jurisprudential Rulings,” Journal of Islamic and Arabic Studies for Girls – Alexandria, issue 38, vol. 2, p. 491.

[96] Sumayya Abd al-ʿĀṭī Muḥammad, Tampering with Genetic Genes, p. 2299

[97] Surah al-Aḥzāb, verse 4.

[98] See: Abū al-Ḥasan ʿAlī ibn Muḥammad al-Māwardī, Al-Nukat wa al-ʿUyūn, vol. 4, p. 372; Fakhr al-Dīn al-Rāzī, Mafātīḥ al-Ghayb, vol. 25, p. 155; and Ibtihāl Muḥammad Ramaḍān, Gene Therapy for Human Cells, p. 86.

[99] Ibn al-Athīr, Usud al-Ghābah fī Maʿrifat al-Ṣaḥābah, vol. 2, p. 298; and al-Dhahabī, Tārīkh al-Islām, vol. 4, p. 51).

[100] Narrated by Abū Dāwūd in Sunan Abī Dāwūd, Book of Marriage, Chapter: Intercourse with Captives, vol. 2, p. 248, ḥadīth no. 2158. Graded ḥasan in al-Badr al-Munīr.

[101] See: Ḥamd ibn Muḥammad al-Khaṭṭābī, Maʿālim al-Sunan, vol. 3, p. 226.

[102] See: Hila bint ʿAbd al-Raḥmān al-Yābis, Genetic Diseases: Their Reality and Rulings in Islamic Jurisprudence, p. 613.

[103] See: Mayāda Muḥammad al-Ḥasan, The Human Genome and Gene Therapy in the Objectives of Islamic Law, p. 23.

[104] Saʿd al-Shuwayrikh, Aḥkām al-Handasa al-Wirāthiyya, pp. 323–324).

[105] “The First Resolution on Muslims Benefiting from Genetic Engineering,” Journal of the Resolutions of the Islamic Fiqh Academy, p. 314; and Abdul Nasser Abu al-Basal, Genetic Engineering from a Jurisprudential Perspective, vol. 2, p. 713; Muhammad Ahmad ʿImāra & Muhammad Naṣr al-Qaṭrī (2022), “Rulings of Gene Therapy between Sharia and Law,” Journal of the Islamic University, no. 183, vol. 11, p. 346; and Sumayya Abd al-ʿĀṭī Muḥammad, Tampering with Genetic Genes, p. 2302.