Jurisprudential–Legal Analysis of the Property Value of Stem Cells and Its Implications for Therapeutic Contracts: Designing a Multi-Level Supervisory Model

Abstract

This study provides an in-depth jurisprudential–legal analysis of the property value (māliyat) of stem cells and its implications for therapeutic contracts, employing a mixed (qualitative–analytical) approach and integrating jurisprudential, legal, and medical perspectives. The central issue concerns the tension between Islamic jurisprudential views on the property value of cells and the fundamental rights of patients, alongside the legal requirements of therapeutic agreements. Drawing on authoritative sources such as Jawāhir al-Kalām and Tahrīr al-Wasīla, as well as the opinions of contemporary marājiʿ al-taqlīd including Ayatollah Makarem Shirazi and Ayatollah Sistani, the research evaluates evidence for the recognition of stem cells as having property value. In the legal dimension, it examines Iranian statutory provisions, notably Article 190 of the Civil Code and the Civil Liability Act, and compares them with international instruments such as European Union guidelines. Findings indicate that stem cells are recognized as having property value under specific conditions in Islamic jurisprudence, that the Iranian legal system suffers from significant gaps and ambiguities in regulating therapeutic contracts involving stem cells, and that there is an urgent need for a comprehensive regulatory framework. To address these issues, the study proposes a three-tier supervisory model encompassing a jurisprudential level for determining Sharia-based criteria, a legal level for drafting standardized contracts, and an executive level for integrated oversight. The novelty of the research lies in its holistic analytical approach and the design of an operational model to resolve current challenges, offering a solid foundation for policymaking in medicine and health law.