Rights Of Unborn in Perspective of Islamic Law and International Human Rights Law: A Comparative Analysis

Abstract

The right to life is guaranteed specifically under every legal framework as well as generally supported in all religions in the world. Islam is the religion of humanity. The right to life has precedence over all rights except when it is taken away by the principles of Shariah. Under Islamic law, the unborn child holds an extraordinary status, and the rights of the fetus are outlined as an entity. The unborn acquires the status of individuality under Islamic Shariah. There are certain protections and rights granted to the fetus, and the violation of such rights leads to punishment. Different Muslims Scholars prohibit the subject of abortion and permit abortion to be carried out in certain circumstances. In contrast, International Human Rights Law promotes Abortion and demands that abortion be legalized to carry out safe abortions. Shariah extends its wings and provides some exceptions to the prohibition of abortion which includes if there are certain risks or fetal anomalies. On the other hand, IHRL completely favors the protection of women's dignity and ensures the right of women to their bodies. This study has firstly analyzed whether the unborn is granted the status of a person. This paper discusses the interpretation of Abortion; and its definitions from the view of different scholars. Secondly, it has argued about the subject of Abortion in the view of Muslim Scholars and Jurists. Thirdly it has investigated the penalties imposed in violation of such protections, and finally, the comparison on the rights of the unborn by analyzing human rights in Islamic law and IHRL. The researcher has employed the use of the doctrinal methodology. The researcher has gathered the relevant data through primary and secondary sources of the Shariah, articles, case laws, conventions, journals, and treaties on the subject of IHRL.