Additional
Reporting By IOL Cairo Staff
UNITED
NATIONS, September 28 (IslamOnline & News Agencies) - A UN commission
working on a draft international accord to ban human reproductive cloning
concluded talks Friday, September 27, but failed to reach a consensus, sources
said.
France
and Germany presented a joint proposal that would have sped up negotiations for
the convention, which its supporters have sought to implement by 2004, reported
Agence France-Presse (AFP).
The
absence of a consensus after five days of closed door talks mean that the
Franco-German proposal would be presented -- without guarantee of adoption, in
October or November to the Sixth Commission -- which rules on legal questions at
the United Nations.
Such
an additional step would delay by at least a month the next meeting to debate
the convention, which supporters consider urgent due to the numerous scientific
advances made in reproductive cloning and recent statements by researchers
suggesting that such procedures are not far off.
Diplomatic
sources suggest that the delay stems from a dispute pitting those who favor a
ban only on reproductive cloning against others -- like the United States and
the Vatican -- seeking to ban all human cloning, both reproductive and
therapeutic.
Washington
and the Vatican are the most ardent defenders of a total global ban on human
cloning.
The
administration of U.S. President George W. Bush believes that from the moment of
conception, an embryo is a human being and with all the attendant rights and
privileges, who therefore must not be destroyed or killed.
On
Monday, September 23, government representatives at the UN began a week-long
meeting to lay ground rules for negotiations.
The
meeting grouped members of an ad hoc committee, set up by the United Nations
General Assembly in December 2001, to prepare the agenda for talks expected to
start next year.
The
committee met for the first time in February to recommend which legal issues
should be addressed in the future convention.
The
Lithuanian parliament on Thursday, September 19, ratified a Council of Europe
convention banning the cloning of humans, the assembly's information service
said.
The
1997 "convention for the protection of human rights and dignity of the
human being with regard to application of biology and medicine" and its
1998 additional protocol prohibiting the cloning of human beings were backed
unanimously by Lithuanian lawmakers.
To
date 31 countries have ratified the convention, while the protocol has been
ratified in 29 states. The Council of Europe is a pan-European rights and
democracy watchdog.
A
few days earlier on September 13, a draft law banning human cloning and
preventing parents choosing the sex of a unborn baby, except on serious medical
grounds, was presented to the Greek parliament.
The
bill is designed to close the gaps in Greek legislation on artificial
insemination, and bans the use of "superfluous" human ova except for
therapeutic or research reasons.
"Straightforward
artificial insemination and fertilization" are acceptable but only with the
written consent of the parties involved, it says.
Doctors
seek written consent as a matter of course but it is currently not a legal
requirement.
In
a radical change in Greek society's attitude to single-parent families, the bill
says unmarried women have the right to artificial insemination -- but only under
certain circumstances.
Under
the bill, artificial insemination "after the death of a woman's husband or
a male partner with whom she cohabits" will only be permitted if strict
criteria are fulfilled, including having the explicit consent of the late male
partner.
And
implanting a woman's egg into another woman's womb will require authorization
from a judge.
Speaking
on the issue of human cloning, IslamOnline’s fatwa desk said: “The Qur’an
contains no proofs concerning the possibility of human beings creating another
human being, but there are proofs with regard to the disability of all creatures
to create anything.
“Cloning,
however, is not creation of a human being, but it is the growing of a cell in
such a way that makes it another creature. Thus it is not creation out of
nothing but growing of an already created cell, just as a seed that is planted
by a farmer. This is because a cell contains all the components of the source
from which it is taken. This is permissible as far as plants and animals are
concerned. As for man, it is not permissible because, if permitted, there will
appear typical created clones, among children, wives, etc., as well as hygienic
and ethical evils.”
Prominent
Muslim scholar, Dr. Yousef al Qaradawi issued a fatwa on the subject saying:
“Genetic engineering has only proven to be a nightmare since animal cloning
was carried out and then applied on the famous sheep, Dolly.
Animal
cloning has become a nightmare scenario for many people all over the world, as
they have premonitions of it being practiced on human beings.”
While
he reassured the importance of scientific progress and research in Islam, Al
Qaradawi said that this progress, like everything in life, must not collide with
faith. It must move in parallel with the limitations set by religion, which must
prevail over man’s course of life and customize it according to its
principles.
He
said that animal cloning is permissible only if it brings about a real benefit
to all people, does not result in harm which is greater than the benefit it has
produced, and must not bear any kind of harm to the animal used in the process.
However,
human cloning, he said is completely prohibited for a number of reasons:
1-It
contradicts with diversity of creation.
Allah
has created the universe on the base of diversity while human cloning is based
on duplicating the same characteristics of the original bodies. This bears great
corruption to human life, even though we did not realize all its forms. For
example, if a student of a cloned class did something wrong, how could a teacher
identify him/her while the whole class had the same features?
2-If
human cloning is permitted, how will we determine the relation of the cloned in
regard to the original - will he be his brother, his father, or even himself?
This is a confusing point.
3-Cloning
contradicts with the pattern of creating things in pairs. , as Allah said in His
Glorious Qur’an “And of everything We have created pairs, that ye may
receive instruction.” (Az-Zariyat: 49). Cloning goes against this principle
since it depends on only one gender. And this matter will cause harm to people.
4-Knowing
that man cannot live alone even in Paradise, Allah, the Exalted and Glorified,
created Hawwa’ (Eve) along with Adam to stay with him in Paradise, and thus
they would be a source of love and intimacy to one another. It is not only
parents who need one another in order to proceed with life, but also their
offspring need them both. All these meanings can never be acquired through
cloning.
Finally,
al Qaradawi said that cloning a whole human body is completely prohibited even
if it is for the purpose of treatment. However, if it goes into cloning only
specific parts of the human body such as heart and kidneys, for the purpose of
treatment, this is permitted and actually recommended and rewarded by Allah, he
added