Reproductive rights and health issues under Islamic law: Towards enhancing medical law in the 21st century

  • Magaji Chiroma University of Maiduguri
  • Muhammad Musa Saleh
  • Mohammed Aliyu Babakano
Keywords: Islamic law, Reproductive rights, reproductive health, medical law

Abstract

Reproductive rights and health are intertwined issues concerning women’s rights. Most of the legal regimes around the globe recognize their existence either explicitly or implicitly. Islamic law being one of the major legal regimes in the world has provided conditionally for the right to decide when and how to have children as well as the right to have access to health care services during prenatal and postnatal periods.  Issues like managing infertility, controlling fertility, prenatal screening and genetic counselling are recognized as the most important aspects of reproductive rights and health in recent times, while their legal and ethical basis remain controversial phenomena within the realm of Islamic jurisprudence. However in this respect, medical personnel remain the key players in the realization and implementation of these issues. Hence they are required to act in accordance with extant laws in carrying out their duties; they should exhibit a high sense of respect for human life and provide a good standard of practice and care. This could be viable only when matters of this nature are streamlined and diligently observed from different perspectives. In view of this therefore the article, using doctrinal methodology, examined the issues associated with reproductive right and health under Islamic law with a view to exploring avenues on how they could be streamlined and effectively utilized to enhance the effectiveness of medical law in the contemporary society. In the end, the paper revealed the relevance of Islamic law to the prospects of medical law in the 21st century. Thus, it recommends for the application of Islamic law alongside conventional medical laws, especially within modern Muslim states. 

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Published
2020-01-20
How to Cite
Chiroma, M., Musa Saleh, M., & Aliyu Babakano, M. (2020). Reproductive rights and health issues under Islamic law: Towards enhancing medical law in the 21st century. International Conference on Advances in Business and Law (ICABL), 3(1), 35-50. https://doi.org/10.30585/icabl-cp.v3i1.430