عنوان مقاله [English]
Today, in the field of agriculture and animal husbandry, new meat and plant products called transgenic are created by genetic engineering, which due to its novelty, it will be necessary to study the position of the legislator and explain the restrictions and necessary conditions. In particular, scientific research has considered it detrimental to public health, and consequently the existence of dissenting and agreeing opinions, as well as legal gap (legal absence of required laws) in the relevant laws to ensure consumer rights and explain strong executive guarantees and other cases has made it one of the serious areas for jurisprudential and legal debates. In this study, while analyzing the arguments of those who believe in legitimacy, considering the possibility of applying rule of prohibition of detriment (rule of harm) in eliminating the expectant (possible) Shari'a rulings, as well as the rational and narrative obligation to avoid the expectant (possible) harm when the expectant (possible) harm is not negligible compared to the benefits that is motive on action and other controversies arising from their arguments, it seems that these products are not the permission for the mere possibility of loss when the obvious and apparent benefits are opposed to the expediency of preserving life and the right to health of the whole society and life. Therefore, it may be possible to establish a conflict between the permissibility (principle of permission and authorization) of taking this action and the observance of precaution in saving human lives, and according to the rule of more important instances exclude the important ones, the duty of mukallaf (obliged) should be clarified as in the questionnaires of a number of marāji (authorities, source to follow or religious reference) have considered the precaution to leave this action. In particular, it can be seen that concerns about the definite or potential risks reported have significantly changed the policy of developed countries in the consumption of these products and turned attention to the export market.