PROTECTION OF FOETAL RIGHTS IN ISLAMIC LAW: A CONTEMPORARY APPROACH
The rights of foetus are highly neglected by many in the
contemporary Muslim societies. The neglect attributable to
lack of sound knowledge of what the rights of foetus entail.
Due to the current condition of the foetus in the womb of
his or her mother, there is widespread misconception that a
foetus only acquires right after birth. However, this
misconception is wrong under the sound knowledge of
Islamic law. Hence, the paper analyses the accruable rights
of the foetus from the perspective of the primary sources of
Shari‘ah. The paper adopts doctrinal methods and content
analysis of the various sources of information to discuss the
issues relating to the foetal rights. The paper finds that
foetus is entitled to right to life and proprietary rights. The
paper finds further that aside the two major rights, there are
other rights accruable to foetus such as rights to having a
healthy and chaste womb, having strong genetic origin,
enjoying a healthy life in the womb, maintaining good and
benefit of the foetus and having access to halal healthcare
system etc. The finds that under right to life accruable to
the foetus, abortion is generally forbidden except in
exceptional circumstances. The paper by way of
recommendation places obligation on the relevant
stakeholders towards respecting and implementing the
rights of the foetus under Islamic law.
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