التنظيم القانوني للانتفاع بالاجنة البشرية - دراسة مقارنة بالفقه الاسلامي -
الباحث الأول:
م.د.مشتاق عبد الحي عبد الحسين الاسدي
المجلة:
دار الكفيل للطباعة والنشر والتوزيع
تاريخ النشر:
None
مختصر البحث:
Summary
The issue of exploiting human embryoshas been on the spotlights since the commencement of the development of technologies which are used in artificial delivery, the diagnosis by human stem cells, and transformation of human organs. The ten…
Summary
The issue of exploiting human embryoshas been on the spotlights since the commencement of the development of technologies which are used in artificial delivery, the diagnosis by human stem cells, and transformation of human organs. The tendency of patients to use these methods to diagnose sterility and hard diseases. Despite this fact, the exploitation of human embryos has not be legislatively organised in many countries, thus the law practitioner have to use the general principles of law.
Consequently, we used the general principles of law as we started to study human embryos. We adopted a comparative approach in which we compared the legal attitude in Iraqi, Egyptian, and French laws. Furthermore, the thesis tried to trace the rules of Islamic law. In the first chapter, the thesis studied the conception of human embryos, the stages of evolution of human embryos, the types of human embryos according to the type of impregnation which may be artificial or natural, internal or external. Moreover, the thesis addressed the legal nature of human embryo, the commencement of human life. We concluded that the embryo is a human being which deserves the legal protection accorded to born human beings. Then the thesis went through the legal rules which govern the stem cell banks. The aim for this point was to determine the nature of legal relationship between the banks and who deal with them. The legal foundation of the exploitation of human embryos was one of the discussed issues, the conclusion was the prohibition of such exploitation with some exceptions due to the necessity of rescue an individual from death.
Subsequently, the thesis dealt with rules which govern the exploitation of human embryos by addressing the legal impactions of diagnosis or treatment by human embryos. The legal attitude from the legality of transplanting human embryos which has been taken form a woman in a womb of another. Finally, the thesis studied the civil liability which arises from the exploitation of human embryos which was, according to our conclusion, twofold liability; contractual and trot liability. In the last section of the thesis we addressed the conclusions and recommendation which we have reached.
