Genetic engineering between therapeutic necessity and legal liability

Abstract

This study is based on shedding light on a contemporary legal issue that emerged as a result of medical and scientific progress that rose to the extent of finding means through which to prevent the occurrence of some diseases, repair body errors, as well as resist hereditary microbial diseases. Despite the great importance and benefits of genetic engineering and its success in treating diseases, it carries some danger. This study aims to try to reconcile all interests, as treatment with genetic engineering revolves around two things: the human interest in treating genetic diseases, and the community interest in protecting its members from taking them as a field for experiments. This study relied on the analytical approach and this study showed that in order for genetic engineering to be legitimate, it must have a therapeutic purpose. This study also recommended to the Libyan legislator the need to set strict texts regarding the accountability of those who perform genetic engineering treatment operations with a non-therapeutic intent, and recommended the necessity of establishing research centers in the field of genetic engineering whose orientations are compatible with the provisions of Islamic law.