Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah
The sciences such as biology, religion, law, and philosophy have entailed the concept of abortion since antiquity and thus the concept has been familiar. Yet, as a phenomenon, abortion has not been completely accepted by the world communities so far. The reason has been due to the influence...
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Salahaddin University-Erbil
2025-02-01
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| Series: | Zanco Journal of Humanity Sciences |
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| Online Access: | https://zancojournal.su.edu.krd/index.php/JAHS/article/view/2010 |
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| author | Rebaz Rasul Khdir Kamal Mohammed Abubaker Baqer Jawad Shamsulddin |
| author_facet | Rebaz Rasul Khdir Kamal Mohammed Abubaker Baqer Jawad Shamsulddin |
| author_sort | Rebaz Rasul Khdir |
| collection | DOAJ |
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The sciences such as biology, religion, law, and philosophy have entailed the concept of abortion since antiquity and thus the concept has been familiar. Yet, as a phenomenon, abortion has not been completely accepted by the world communities so far. The reason has been due to the influence of different moral and religious rules. Besides the fact that mankind has constantly tried to alter the statute of the phenomenon from a crime against life to a human right since the beginning of the twentieth century, abortion remained a problematic philosophical and legal term between the right to life of fetus and the right to bodily integrity of women. Still, none of these perspectives seem to be pragmatic but only a limited permissibility of the process on the basis of a moral ground such as the perspective of the religions and Islam as an example. Although Islam recognizes the right to privacy to everyone as enjoying a life away from the interference of others and their inspection and surveillance, this right does not include any space for abortion at all. In other words, Islam deals with abortion within the scope of the right to life. This paper is an analytical and comparative study which aims to illustrate the position of positive law and the perspective of Islamic law on the regulation of abortion. It addresses the issue from the angles of the right to life and the right to privacy on the basis of the status of the fetus’s life and the women’s bodily autonomy. The authors argue that positive law deals with abortion within the scope of the right to liberty, security and health care as the privacy of woman, particularly before the independent viability of the fetus but Islam prohibits it except for prior viability and with a moral justification such as saving the mother’s life
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| format | Article |
| id | doaj-art-72938dd7545e4fb0a233847a215cc4ce |
| institution | DOAJ |
| issn | 2412-396X |
| language | Arabic |
| publishDate | 2025-02-01 |
| publisher | Salahaddin University-Erbil |
| record_format | Article |
| series | Zanco Journal of Humanity Sciences |
| spelling | doaj-art-72938dd7545e4fb0a233847a215cc4ce2025-08-20T03:06:47ZaraSalahaddin University-ErbilZanco Journal of Humanity Sciences2412-396X2025-02-0129110.21271/zjhs.29.1.7Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah Rebaz Rasul Khdir0Kamal Mohammed Abubaker1Baqer Jawad Shamsulddin2Department of Law, College of Humanities, University of Raparin-Rania, Kurdistan Region, IraqDepartment of Law, College of Humanities, University of Raparin-Rania, Kurdistan Region, IraqDepartment of Islamic Education, College of Education, Akre University of Applied Sciences-Akre, Kurdistan Region, Iraq The sciences such as biology, religion, law, and philosophy have entailed the concept of abortion since antiquity and thus the concept has been familiar. Yet, as a phenomenon, abortion has not been completely accepted by the world communities so far. The reason has been due to the influence of different moral and religious rules. Besides the fact that mankind has constantly tried to alter the statute of the phenomenon from a crime against life to a human right since the beginning of the twentieth century, abortion remained a problematic philosophical and legal term between the right to life of fetus and the right to bodily integrity of women. Still, none of these perspectives seem to be pragmatic but only a limited permissibility of the process on the basis of a moral ground such as the perspective of the religions and Islam as an example. Although Islam recognizes the right to privacy to everyone as enjoying a life away from the interference of others and their inspection and surveillance, this right does not include any space for abortion at all. In other words, Islam deals with abortion within the scope of the right to life. This paper is an analytical and comparative study which aims to illustrate the position of positive law and the perspective of Islamic law on the regulation of abortion. It addresses the issue from the angles of the right to life and the right to privacy on the basis of the status of the fetus’s life and the women’s bodily autonomy. The authors argue that positive law deals with abortion within the scope of the right to liberty, security and health care as the privacy of woman, particularly before the independent viability of the fetus but Islam prohibits it except for prior viability and with a moral justification such as saving the mother’s life https://zancojournal.su.edu.krd/index.php/JAHS/article/view/2010fetus, induced abortion, public international law, Islamic Sharī’ah, the right to life, the right to privacy matern |
| spellingShingle | Rebaz Rasul Khdir Kamal Mohammed Abubaker Baqer Jawad Shamsulddin Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah Zanco Journal of Humanity Sciences fetus, induced abortion, public international law, Islamic Sharī’ah, the right to life, the right to privacy matern |
| title | Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah |
| title_full | Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah |
| title_fullStr | Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah |
| title_full_unstemmed | Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah |
| title_short | Abortion between the Right to Life of Fetus and The Right to Privacy of Woman An Analytical and Comparative Study between Law and Islamic Sharī’ah |
| title_sort | abortion between the right to life of fetus and the right to privacy of woman an analytical and comparative study between law and islamic shari ah |
| topic | fetus, induced abortion, public international law, Islamic Sharī’ah, the right to life, the right to privacy matern |
| url | https://zancojournal.su.edu.krd/index.php/JAHS/article/view/2010 |
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