Moral and Legal Responsibility for Reproduction of a Generation with Genetic Defects: An Islamic Perspective by Dr Rahim Nobahar

Dr Rahim Nobahar (Shahid Beheshti University)

The continuity of human generation, its strength and health are oftenemphasised in Islamic teachings. According to Islamic theology one of the aims and philosophies of prophecy is to save material and spiritual life of mankind (hifz al-nawa al-insani). In such a context every permissible measure for having a healthier linage is welcomed. In Islam having children is highly recommended and rewarded, however, with the advancement of premarital genetic testing it is possible to determine the risk of passing on a genetic disorder that would negatively impact the quality of a child’s life. Just as it is wrong to inflict pain and suffering on a living human being for no reason, it is also morally wrong to deliberately or negligently produce a generation for whom life is painful.

In addition, Islamic principles emphasise a reasonable quantity of humanity coupled with strength, ability, and health. By appealing to both moral and Islamic principles it is possible to argue for societal authority to curtail the reproduction of generations with painful genetic diseases through the enforcement of legal sanctions. From another perspective, the government has responsibilities towards the well-being of its citizens. These responsibilities give the government authority to make some decisions regarding the quality and quantity of future generations. The financial and societal burden entailed in taking care of an unhealthy generation, justifies the government imposing pre-marital genetic testing. The expediency of producing a healthy and strong generation is so important that it necessitates this level of restriction on the freedom and privacy of individuals. Failing to carry out such tests can be considered a crime under certain circumstances. It seems that those who deliberately or even negligently reproduce unhealthy children can be held legally responsible by their children and liable for compensation of material and spiritual damages they have caused.