Abortion: an infringement of the foetus' right to life in Islamic law

Under Islamic law, the life of a human being is sacred and as such, no one is allowed to kill or bring an end to the life of another except in accordance with the law. Whether a foetus under Islamic law is entitled to enjoy this protection or not is a subject that is hotly debated by Muslim scholars...

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Main Authors: Alkali, Alhaji Umar, Mohd, Azizah, Abdul Hak, Nora, Che Soh @ Yusoff, Roslina
Format: Article
Language:English
Published: International Islamic University Malaysia 2015
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Online Access:http://irep.iium.edu.my/44475/1/158-563-1-PB-_IIUM_Law_Journal_2015.pdf
http://irep.iium.edu.my/44475/
http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/158
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spelling my.iium.irep.444752016-06-05T02:56:15Z http://irep.iium.edu.my/44475/ Abortion: an infringement of the foetus' right to life in Islamic law Alkali, Alhaji Umar Mohd, Azizah Abdul Hak, Nora Che Soh @ Yusoff, Roslina KBP173.25 Islamic law and other disciplines or subjects Under Islamic law, the life of a human being is sacred and as such, no one is allowed to kill or bring an end to the life of another except in accordance with the law. Whether a foetus under Islamic law is entitled to enjoy this protection or not is a subject that is hotly debated by Muslim scholars. Abortion has a direct link to the right to life because when abortion is done, it simply brings an end to the life of the human being in the womb that is in the process of development. Abortion is generally prohibited under Islamic law because it is tantamount to killing a human being that has not fully developed. Muslim jurists are not unanimous on the stage and conditions that can warrant the permissibility of abortion. This study therefore intends to employ a doctrinal analysis in its methodology to examine the respective views of jurists on abortion. The study examines the definition of abortion from the juristic and medical perspectives, the concept of abortion under Islamic law and authorities from the Qur’an, sunnah and scholars’ views concerning abortion, situations under which abortion may be permitted under Islamic law and the position of the law in some Muslim states. The article ends with a conclusion and recommendations on the practical steps that need to be taken in order to ensure that children’s right to life are well protected even before they are born. International Islamic University Malaysia 2015 Article REM application/pdf en http://irep.iium.edu.my/44475/1/158-563-1-PB-_IIUM_Law_Journal_2015.pdf Alkali, Alhaji Umar and Mohd, Azizah and Abdul Hak, Nora and Che Soh @ Yusoff, Roslina (2015) Abortion: an infringement of the foetus' right to life in Islamic law. IIUM Law Journal, 23 (1). pp. 87-107. ISSN 0128-2530 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/158
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic KBP173.25 Islamic law and other disciplines or subjects
spellingShingle KBP173.25 Islamic law and other disciplines or subjects
Alkali, Alhaji Umar
Mohd, Azizah
Abdul Hak, Nora
Che Soh @ Yusoff, Roslina
Abortion: an infringement of the foetus' right to life in Islamic law
description Under Islamic law, the life of a human being is sacred and as such, no one is allowed to kill or bring an end to the life of another except in accordance with the law. Whether a foetus under Islamic law is entitled to enjoy this protection or not is a subject that is hotly debated by Muslim scholars. Abortion has a direct link to the right to life because when abortion is done, it simply brings an end to the life of the human being in the womb that is in the process of development. Abortion is generally prohibited under Islamic law because it is tantamount to killing a human being that has not fully developed. Muslim jurists are not unanimous on the stage and conditions that can warrant the permissibility of abortion. This study therefore intends to employ a doctrinal analysis in its methodology to examine the respective views of jurists on abortion. The study examines the definition of abortion from the juristic and medical perspectives, the concept of abortion under Islamic law and authorities from the Qur’an, sunnah and scholars’ views concerning abortion, situations under which abortion may be permitted under Islamic law and the position of the law in some Muslim states. The article ends with a conclusion and recommendations on the practical steps that need to be taken in order to ensure that children’s right to life are well protected even before they are born.
format Article
author Alkali, Alhaji Umar
Mohd, Azizah
Abdul Hak, Nora
Che Soh @ Yusoff, Roslina
author_facet Alkali, Alhaji Umar
Mohd, Azizah
Abdul Hak, Nora
Che Soh @ Yusoff, Roslina
author_sort Alkali, Alhaji Umar
title Abortion: an infringement of the foetus' right to life in Islamic law
title_short Abortion: an infringement of the foetus' right to life in Islamic law
title_full Abortion: an infringement of the foetus' right to life in Islamic law
title_fullStr Abortion: an infringement of the foetus' right to life in Islamic law
title_full_unstemmed Abortion: an infringement of the foetus' right to life in Islamic law
title_sort abortion: an infringement of the foetus' right to life in islamic law
publisher International Islamic University Malaysia
publishDate 2015
url http://irep.iium.edu.my/44475/1/158-563-1-PB-_IIUM_Law_Journal_2015.pdf
http://irep.iium.edu.my/44475/
http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/158
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