Jurisprudential and legal principles of producing germ cells by stem cells, regarding Khomeini’s legal views

Background: One of the most important scientific advances in the second half of the twentieth century was the discovery of stem cells and their therapeutic and research usages. The stem cells are undifferentiated cells that can be changed into the most body tissues. Among the most important discoveries is the production of germ cells from pluripotent stem cells that are able to be divided into many different cells or be derived from germ stem cells. This method is going to be more and more advanced and hence some new issues are appearing along the time. Ethical and legal issues in this area have been increased since 1998, when researchers were able to isolate human embryonic stem cells. Since in Iran the legal codes and rules have not still written and dictated for applying such cells in therapeutic and research laboratories, it is necessary to revisit the jurisprudential resources, with the objective of proposing jurisprudential, legal, and moral challenges, based on the fourth article of the Iranian Constitution, in order to write the legal rules.Methods: The present paper, considering the interdisciplinary studies in both biological sciences and Imami (Shiite) dynamic jurisprudence (fiqh) and regarding juristic arguments and principles of law, returning new secondary principles to the first ones and adapting the general at certain cases, aimed to study the new legal findings on this issue, with special attention to Imam Khomeini’s juristic method (ijtihad), i.e. ijtihad on place and time.Result: This technology in different societies faced with a wide variety of ethical and legal implications, because its clinical potential risks are obstacles for such applying studies, but its usages and benefits shall not be forgotten. Therefore, to support the researchers and human trials, the following prerequisites are suggested: 1- Before the clinical trials, its safety and efficiency must be clearly fixed. 2- Medical researches must be done only with awareness, voluntary, satisfaction, and ability of human case studies. 3- To support researchers as well as human trials, compensation (remedy) and insurance by pro-government research projects must be considered.Conclusion: This technology in different societies faced with a wide variety of ethical and legal implications, because its clinical potential risks are obstacles for such applying studies, but its usages and benefits shall not be forgotten. Therefore, to support the researchers and human trials, the following prerequisites are suggested: 1- Before the clinical trials, its safety and efficiency must be clearly fixed. 2- Medical researches must be done only with awareness, voluntary, satisfaction, and ability of human case studies. 3- To support researchers as well as human trials, compensation (remedy) and insurance by pro-government research projects must be considered.

کلیدواژه ها:

Imam Khomeini’s Views ، Legal and juristic principles ، Remedy ، Stem cells ، Producing germ cells