Fatemeh Torof,
Volume 6, Issue 2 (5-2013)
Abstract
Practically, scientific foundations illustrate that the embryo plays a main role in the related technical scenarios. Considering this fact, if technical researches orientated to human subjects, essential legal and juridical arguments will be generated. This article aims to offer a new analysis about moral and juridical nature of human embryo and the associated parental relationships. Adopting this idea that the embryo before 4th month has no human dignity, the author attempted to present a parental relationship based on ownership and material value. Although the author believes that this idea is built on the legal foundations, it primarily seems that the adopted idea will be faced to moral challenges. From the stand point of this article the concept of the material value of the embryo absolutely refers to an intrinsic value and it doesn’t necessarily relate to financial treats. On the other hand, according to the main pure content of the Islamic juridical rule of Taslit, it illustrates that the right of ownership has been limited by different restrictions .
Abdolhassan Kazemi, Soraya Mahmoud,
Volume 7, Issue 5 (1-2015)
Abstract
Genes are considered as “green gold” in this era of biotechnology. Currently, multinational companies and governments search continents to find this valuable asset in the hope to discover people with unique genetic characteristics that can be converted into capital and marketed in the future. Modern economy provides the framework to analyze any new technology from the advantage perspective and has vastly transformed the concept of capital and market thus, humans or any organism with specific genetic characteristics can be converted to capital and offered in profitable markets. Patenting and ownership of genetic resources without consideration for principles of inherent human rights will impact the society and result in a violation of these rights, especially those of vulnerable individuals and groups. In spite of the numerous benefits of biotechnology for individuals and the society, the risks to human dignity, equality, health, autonomy and research, as well as the possibility of information abuse should not be ignored, especially considering the alliance between technology and economy. Biotechnology can make claims to ownership of human life and desired genetic traits, and this is a problem caused by the biotechnology revolution in developing countries and consequently, indigenous peoples of these countries have shown different reactions to such issues. This article will discuss “human commodification”, which is a serious concern in the field of biotechnology in our world today
Ehsan Aliakbari Babookani, Amin Amirhoseiny,
Volume 12, Issue 0 (3-2019)
Abstract
One of the issues that today is considered in the moral system and jurisprudence of Imamiyah is the issue of fertility, it has considered the issue of postnatal fertility, which, if it can be considered legitimate, will have many effects. This is considered the subject of dispute between jurists and ethics scholars. In this regard, by examining the existing evidence and considering the ethical approach to the subject, this subject can be considered legitimate and, therefore, this study will examine its effects. However, the aspects of this method have not ambiguity in terms of medical sciences, but from a moral and jurisprudential point of view, there are complexities and ambiguities that require adequate accountability according to the current requirements of human societies. Therefore, this subject is considered to be a useful category as well. Naturally, since science is responsible for maintaining public order and organizing private relationships, scientific processing seems to be necessary. In this research, the concept of good legal and legal jurisprudence approach to post-death reproductive effects such as ownership of gametes based on the element of consent (explicit or implicit), custody (based on family solidarity and child abuse) and will (declaration of consent and the will of the gamet frozen by the gamet player) will be dealt with.
