Right Of Fetus (Janīn) In Islam And Western Law A Comparative And Analytical Study

Abstract

In addition to stating the rights of the fetus in Islamic law, the rights of the fetus are also defined in Western law. Islam also defines the rights of the fetus as an entity and prescribes its rights and prescribes punishment for those who violate these rights. Just as a living and born child has the right to have his life protected and to have property and to inherit from his heirs, so these rights have been established for a fetus.

Different scholars differ on the different forms of abortion and its permissibility, but everyone agrees on the rights of the fetus. In contrast, according to abortion laws in Western law, a mother can have an abortion whenever she wants, but if a normal person loses the pregnancy, she will be found guilty.

In Islamic law, a pregnant woman has a number of exemptions in order to protect her fetus, such as delaying the issuance of Hudud wa Qisas on a pregnant woman until conception. In the same way, there are exceptions to the rules of Share'ah for pregnant women, such as fasting.  Under the rights of the fetus, it is made clear that just as it has other rights after birth, so does its lineage. Some financial rights would also be established for the fetus, such as the right to a will and inheritance. After birth, the fetus will receive an equal share of the living person. In Western law, the laws of will and inheritance for the fetus are not clear, but they are also inherited. This article briefly compares the rights of the fetus in Islamic law and Western law. The importance of this has increased in the context of the recent US court ruling on abortion.