Office Of Grand Ayatollah Sayyid M.S.Al-Hakeem - Books-Jurisprudence of Human Cloning - Ownership of the cloned animal

Books Jurisprudence of Human CloningOwnership of the cloned animal

  Marriage and Social Relations

Genetic Engineering

Q) What is the ruling regarding the ownership of the animal cloned by this method? Is it owned by the owner of the egg or cell donor animal? Or is it owned by the scientist who performed the cloning?

A) The animal clone of course belongs to the owner of the cell-donor animal as the growing of the property always belongs to the original owner. Generally, any development in a body is considered part of the property of the same owner; either it being an improvement change, like the growing up of a young animal, or a characteristic change such as planting a seed to grow into a tree and bear fruit. These are culturally embedded concepts that the Islamic Jurists have followed in declaring that if a seed was stolen, planted and grown, the resulted plant would still be the property of the original owner and not the thief. However, the agreement between the owner of the cell-donor animal and the user of such a method should be sought if possible.

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