نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دکترای تخصصی حقوق جزا، جامعه المصطفی العالمیه نمایندگی خراسان، مشهد، ایران
2 استادیار گروه حقوق جامعة المصطفی العالمیة خراسان، مشهد، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Human genetic research today serves various purposes, including advancing medical science, improving public health, identifying individuals’ genetic predispositions, recognizing criminals and victims of accidents or crimes, and preserving the diversity of human genetic traits. Despite its numerous benefits, such research carries significant ethical and legal implications and may pose threats to fundamental human rights and social order.
Preventing these adverse consequences has been a concern for Islamic law, and is emphasized in jurisprudential sources. This study, using a descriptive-analytical approach, examines the jurisprudential foundations of criminalization in the field of human genetic research. It concludes that genetic research conducted without the informed consent of the subject or the owner of the genetic material, as well as harmful research that violates human dignity, threatens human security, or disrupts social order, is considered forbidden under Islamic jurisprudence. This is based on principles such as bodily sovereignty, prohibition of harm, preservation of human dignity, maintenance of social order, and prohibition of corruption.
In cases where the act is deemed as corruption on earth (ifsād fi-l-arḍ), the punishment may extend to the permissibility of execution. In other instances, the authority to determine punishment, based on the principles of taʿzīr for every prohibited act and preservation of order, is entrusted to the Islamic ruler and legislator. The Islamic authority may accordingly define and enforce the type and degree of punishment in the realm of genetic research, proportionate to the nature of the act and its consequences.
کلیدواژهها [English]
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