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A Jurisprudential and Legal Analysis of the Civil Liability of Genetic Engineering Companies in the Use of CRISPR Technology
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Mahdi Kohansal *   , Mohammad Hassan Emamverdy |
| Imam Reza International University, Mashhad, Iran , mahdi.kohansal@imamreza.ac.ir |
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Abstract: (294 Views) |
CRISPR genome‑editing technology, by enabling the identification and targeted cleavage of genetic sequences, has created a significant transformation in genetic engineering and biomedical sciences. Despite its considerable therapeutic potential—particularly in the treatment of hereditary diseases—its application, especially in germline cells, may introduce modifications transmissible to future generations. The possibility of off‑target effects, the irreversibility of certain genomic alterations, and the potential emergence of damages over time raise legal and ethical concerns and highlight the issue of civil liability of companies operating in genetic modification. The present study examines the foundations and elements of the civil liability of genetic engineering companies in the application of CRISPR technology, with emphasis on the creation of so‑called “designer babies,” from the perspective of Imami (Jaʿfari) jurisprudence and Iranian law. The research adopts a descriptive–analytical approach and relies on library sources, including jurisprudential texts and legal materials. The findings indicate that the scientific complexity of genetic interventions, delayed manifestation of harm, and the possibility of intergenerational consequences complicate the establishment of the traditional elements of civil liability—particularly causation—and render reliance on fault‑based liability insufficient. In contrast, jurisprudential principles such as lā ḍarar (no harm), itlāf (direct destruction), and tasbīb (causation) provide an appropriate framework for analyzing liability and protecting injured parties. Nevertheless, the absence of comprehensive regulations in Iranian law creates ambiguity regarding the scope of liability of genetic engineering companies and underscores the need to develop specialized legal frameworks to determine liability and ensure effective compensation for potential damages.
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Article number: 9 |
| Keywords: Civil liability, CRISPR technology, Gene Editing, Imami jurisprudence, Iranian law. |
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Type of Study: Research |
Subject:
Divers
Received: 2026/03/19 | Accepted: 2026/06/22 | Published: 2026/06/22
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