Document Type : Original Article

Authors

1 PhD Student in Private Law, Ghaemshahr Branch, Azad Islamic University

2 Assistant Professor, Islamic Azad University, Law and Theology Department, Ghaemshahr Branch, Iran.

Abstract

According to repeated reports from official international sources, with the increase in population growth in the contemporary world and the limitation of underground reserves in the not too distant future, the threat of food shortages for future generations is seriously posed. One way out of this dilemma is to use genetic engineering methods to change the genes of plants and organisms called transgenic. The present study, which was organized by descriptive-analytical method, aimed to answer the question, what is the legal ruling of such products from the perspective of jurists? The findings of the study indicate that the ruling on genetic manipulation of food is disputed by jurists. Some jurists consider such changes as a kind of change in the system of creation and according to the rules of repelling possible harm and leaving suspicions; use of it has some problems. Others, considering the rational benefit of this technology and citing the principle of permissibility and the principle of expediency, consider it unimpeded. The authors took a moderate and fair view, believing in the conditional permission to use transgenic products, and they emphasize that the process of production and consumption of such products should be done under the supervision of local experts and no significant damage should be expected.

Keywords

Allameh Tabatabai, Seyyed Mohammad Hussein (1945), Tafsir al-Mizan, Vol. 5, Qom: Islamic Publications Office.
Ali Doosti, Abolqasem (2009), Jurisprudence and Expediency, Tehran: Institute of Islamic Culture and Thought.
Fazel, Javad Kazemi (1968), Masalak al-Afham al-Ayyat al-Ahkam, Tehran: Mortazavi Publications.
Feyz Kashani, Muhammad Mohsen (1985), Al-Wafi, Isfahan: Library of Imam Amir al-Momenin.
Hor Ameli, Muhammad ibn Hassan (1991), Vasael al-Shi’e, Qom: Al-e Beit.
Makarem Shirazi, Nasser (1990), Al-Qawa'id al-Faqih, Qom: Imam Amir al-Momenin School.
Mohaqeq Damad, Seyed Mostafa (1985), Rules of Jurisprudence of Criminal Law, Tehran: Islamic Sciences Publishing Center.
Motahari, Morteza (2002), Women's Rights System in Islam, Tehran: Sadra.
Mustafavi, Seyyed Mohammad Kazem (2000), ), Al-Qawa'id Mae Qaede al-Faqih, Qom: Islamic Publications Office.
Sheikh Saduq, Muhammad ibn Ali ibn Bayawiyyah Qomi (1992), Man La Yahzar al-Faqih, Qom: Islamic Publishing Institute..
Yazdi Samadi, Bahman, Shah Nejat Bushehri, Ali Akbar (2001), Transgenic Plants and Global Agriculture, Vol. I, Tehran: Naqsh Mehr Publications.
Zakerian, Hassan (2002), Income Biotechnology Inventions on Intellectual Property Rights, Tehran:Mir Emad Publications.
Abbasi, Mahmoud, Razmkhah, Najmeh, Heidari, Bahar (2014), “Transgenic Food Products and the Challenges Ahead from the Perspective of Bioethics and the Right to Food”, Bioethics Quarterly, 4th Year, Issue. 12.
Alidoost, Abolqasem, Hosseini Kamalabadi, Seyed Morteza (2017), “Jurisprudential Principles of Genetic Engineering and Transgenic Products”, Quarterly Journal of Religion and Law, Issue. 14.
Amani, Ali Reza (2013), “Compensation in Biotechnology”, Law of Advocacy, Issue. 10.
Ismaili Parzan, Maryam, Rajaipour, Mustafa, Razmi, Seyed Mohsen (2017), “Genetic Manipulation and Prohibition of Harm in Islam)”, Bioethics, Issue. 23.
Mehdizadeh, Mehrangiz, Rabiee, Maryam, Al-Bouyeh, Mahmoud, Rastegar, Hossein (2011), “Food or Transgenic Labeling and Consumer Rights”, Quarterly Journal of Medical Law.
Pourdavoud, Mehdi (2016), “Study of Transgenic Products From a Religious and Political Perspective”, Conference on Transgenic Products of Ramin University of Agriculture and Natural Resources, Khuzestan.
Qara Yazi, Behzad (2016), “Transgenic Thematic”, Astane Moqaddas Imam Khomeini Weekly, 5th Year, Issue. 238.
Qodrati, Fatemeh (2020), “An Analysis of the Evidence of the Legitimacy of Genetic Food Manipulation”, Quarterly Journal of Civil Jurisprudence, Vol. 12, Issue. 22.
Rahnama, Hassan (2008), “Bioethics and Production of Transgenic Products”, Quarterly Journal of Ethics in Science and Technology, Third Year, Issues. 1 and 2.
Sotoudeh, Hamid, Abdolreza, Farhadian (2021), “Analysis of Jurisprudential Arguments on the Legitimacy of Genetic Modification of Ovule”, Studies of Islamic Jurisprudence and Law, 13th year, Issue. 24.
Taskhiri, Mohammad Ali (1989), “A Look at the Subject of Human Simulation with the Help of New Technology”, Journal of Ahl al-Bayt Jurisprudence, Issue. 52.
Vahedi, Morteza, Mullah Ebrahimi, Emad, Arzanian Karam Elahi, Noorbakhsh, “Study of Legal Aspects of Production and Use of Transgenic Products with Emphasis on Biosafety law, Cartagena Protocol, Nagoya Protocol”.
Yazdanpanah, Massoud, Forouzani, Masoumeh, Bakhtiari, Ziba (2016), “Study of the Tendency of Khuzestan Agricultural Jihad Experts Towards Transgenic Agricultural Products”, Iranian Agricultural Extension and Education Sciences, Vol. 12, Issue. 1.
Sistani, Seyed Ali (2018), “Ruling of the Authorities on the Use of Transgenic Products”, Parsineh, www. Parsine.com/fa/news/494376
Tabrizian, Abbas (2017), “Study of Different Dimensions of Transgenic”, Student News Agency, www.snn.ir/fa/news/628202.