ETHICAL AND RELIGIOUS PERSPECTIVES UNDER SHARI’AH LAW

Infertility is a growing concern in Pakistan, affecting nearly one-fifth of married couples and disproportionately burdening women with social stigma and psychological distress. Advances in genetic engineering, particularly through Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR) technology, offer promising possibilities for addressing infertility by enabling precise modification of defective genes and improving assisted reproductive technologies. Yet, these scientific breakthroughs also raise profound ethical and religious questions in Muslim societies where Shari’ah principles guide biomedical practice.

This paper focuses upon the permissibility of genetic engineering, specifically CRISPRbased reproductive interventions, under Islamic law. It argues that gene editing, when aimed at restoring fertility or preventing hereditary diseases, aligns with the higher objectives of Shari’ah (maqasid al-Shari’ah), which include the preservation of life, intellect, and progeny. Drawing upon key Islamic principles such as maslahah (public interest), darurah (necessity), and the maxim “prevention of harm precedes benefit,” the study contends that such interventions may be deemed permissible when conducted with informed consent, under medical necessity, and without introducing thirdparty genetic material. The research also contextualizes these arguments within Pakistan’s legal framework and the Federal Shariat Court’s 2017 judgment in Farooq Siddiqui v. Mst. Farzana Naheed, which declared surrogacy unlawful but upheld the legitimacy of in-vitro fertilization when confined to genetic parents. By comparing Pakistan’s restrictive stance with Iran’s progressive bioethical model that regulates genetic and reproductive research within Islamic boundaries, the paper proposes a balanced pathway forward. It concludes that regulated CRISPR applications can coexist with Islamic jurisprudence through the establishment of national ethical guidelines, ensuring both Shari’ah compliance and biomedical advancement. Ultimately, the study advocates for harmonizing faith-based ethics with scientific progress to alleviate infertility while safeguarding human dignity.