Jurisprudential and Legal Analysis of Gene Therapy

Alongside new knowledge and methods of curing genetic researches and gene therapy have added to our medical knowledge, many jurisprudential and legal challenges are excited, one of the most important of which is legitimacy of gene therapy and its legal consequences. Utilizing descriptive-analytical method this paper analyses this issue according to Imami Shi`i jurisprudence and due legal issues. The results show that according to the rules of necessity of curing diseases and saving human life and the principle of acquittal (presumption of innocence) it can be deduced that gene therapy in permissible. And with the consent of the patient the researcher and the doctor are not responsible if the experiments are done according to scientific and technical criteria.