Reproductive rights and health issues under Islamic law: Towards enhancing medical law in the 21st century
Keywords:Islamic law, Reproductive rights, reproductive health, medical law
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.
Abdurrahman. I. Doi, (1984), Shari’a the Islamic Law, London, TAHA Publishers.
Benedicta Daudu, (22nd - 25th July, 2008), “Reproductive Health and Rights Issues in International Law”, a Paper
presented on Capacity Building Workshop for Law Lecturers on Reproductive Health and Rights, Ostra Hotel, Alausa- Ikeja, Lagos.
Bishara S. Atiyeh, Mohamed Kadry, Shady N. Hayek and Ramzi S. Musharafieh, (2008), Aesthetic Surgery and Religion: Islamic Law Perspective, Aesth Plast Surg.
Committee on the Elimination of Discrimination against Women, Communication No. 22/2009, Views adopted on 17 October 2011, CEDAW/C/50/D/22/2009.
Dr. Ibrahim Abdul Hamid Al Sayyad, Islamic Approach to Medicine, Translated from Arabic to English by Mohammed Abdul hamid Madi, available at http://www.islamicmedicine.org, accessed on 25th April, 2019
Emeke Chegwe, (22nd - 25th July, 2008), “Discussing Reproductive Health as Gender Based Issues in Human Rights”, a Paper presented on Capacity Building Workshop for Law Lecturers on Reproductive Health and Rights, Ostra Hotel, Alausa- Ikeja, Lagos.
Emily Jackson, (2015), the Relationship between Medical Law and Good Medical Ethics, the London School of Economics and Political Science (LSE).
Farzaneh Roudi-Fahimi, (2004),“Islam and Family Planning”, Population Reference Bureau (PRB), Middle-East and North Africa (MENA), Policy Brief.
Hau Kong Lung, (August 2003), Law and Ethics in Medical Practice: An Overview, Medical Section, Vol. 8, No. 6.
Human Rights Committee, Communication No. 1153/2003, Views adopted on 24 October 2005, CEDAW/C/85/D/1153/2003.
Human Rights Committee, Communication No. 1608/2007, Views adopted on 29 March 2011, CEDAW/C/52/D/1608/2007.
Human Rights Office of the High Commissioner, (2014), Women’s Rights are Human Rights, U.N, New York and Geneva.
Human Rights Office of the High Commissioner, (2014), Women’s Rights is Human Rights, U.N, New York and Geneva.
Islam’s Women: Jewells of Islam, Women’s Right in Islam, available at http://islamswomen.com/articles/do_muslim_women_have_rights.php, accessed on 21st January, 2019.
Legal Research and Resource Development Centre LRRDC, (October – December, 2001), “Reproductive Right as Human Right”, LRRDC Empowerment Newsletter, Vol. 9 No. 7.
M. Kyari, (2002.), “Application of Sharia in Borno under the Colonial Rule, (1902-1960),” in M. A. Muazu et al (eds), Perspective in Sharia, Maiduguri, Nigeria, Sakirabe Publishers.
Mohammed Ali Al-Bar and Hassan Chamsi-Pasha, (2015), Contemporary Bioethics, Islamic Perspective, Springer Cham, New York.
Muhammad Ibn Isma’il, Sahih Al Bukhari, Kitab an Nikah Book 7, Volume 62, Hadith No. 3 & 4.
N. Badawi, (2009), Introduction to Islamic law, Programme on Humanitarian Policy and Conflict Research, USA, Harvard University.
Rebecca Cook, Bernard M. Dickson and Mahmood F. Fathalla, (2002), Reproductive Health and Rights: Integrating Medicine, Ethics and Law, New York OUP.
Rebecca J Cook, (1994), Women's Health and Human Rights: The Promotion and Protection of Women's Health through International Human Rights law, World Health Organization, Geneva.
Roksana Janghorban, Robab Latifnejad Roudsari, Ali Taghipour and Mahmoud Abbasi, (2015), “Sexual Reproductive Rights from Qur’anic Perspective: A Quantitative Content Analysis”, Asian Social Science, published by Canadian Center of Science and Education, Vol. 11 No. 3.
Sahih Muslim, Hadith No. 1681, p 1309.
Sunan Abi Dawud, Hadith No. 4442.
Transplantation Unit Medical Development Division, Ministry of Health Malaysia,Organ (2011), Transplantation from the Islamic Perspective, (Ministry of Health Malaysia & JAKIM.
United Nations Agency for International Development (USAID), Mobilising Muslim Religious Leaders for Reproductive Health and Family Planning at the Community Level: A Training Manual.