Today, unfortunately, the unborn child (called janin in the Holy Qur’ān) is not recognised as a human being and has no legal rights!
In Britain about 600 innocent living unborn children are killed every day through abortion! Worldwide, abortion accounts for around 45 million killing each year!
According to the Islamic teachings, the unborn child is fully recognised as a human being, and has many interesting human legal rights as all other human beings.
According to the Islamic teachings, the following are the superior humane legal rights of the unborn child:
The Right to Lineage: An unborn child enjoys the right to lineage. (two heterosexuals, a man and a woman, legally married; no conception outside marriage, no egg or sperm or embryo donation, no surrogacy, no human cloning, no parents of same sex).
The Right to Healthy Parents with Healthy Genes: No alcohol, no smoking, no drugs, no genetic diseases/check up, no junk or harmful diet.
The Right to a Healthy Safe Secure Womb: This right includes the unborn child’s right to the neck of the cervix (normal, normal menstruation, no diseases, no IUD, no hormonal disturbance, no cut, no removal – a place of stability and mercy).
The Right to a Natural Safe Legal Conception: Egg of the wife with sperm of the husband in the natural unseen way, avoid IVF.
The Right to the Full Protection of the Fertilised Egg/Embryo (Nutfa Amshajj): A new human being (no embryo research, no donation or surrogacy, no adding or taking of any part, no changing).
The Right to a Natural Embryological Development, as God planned and organised and without any interference or change)
The Right to a Secure Safe Insured Housing (the Womb): No interference, natural ending of the pregnancy as fixed by God, no premature birth or abortion, no harm or injury. In Islam the womb is called rahm which means a place of mercy.
The Right to the Full Protection of His/Her Life: Right to life from conception/human life starts from conception; no abortion or termination of the pregnancy.
The Right to a Healthy Safe Pregnancy/Healthy Mother: No alcohol, no smoking and no drugs, no harmful chemicals, medical help if necessary, no harm or injury and natural ending.
The Right to a Special Extra Care and Protection for the Embryo/Foetus at the Critical Stage: During 6-7 weeks of pregnancy formation of the vision, hearing, skin, muscles, bones, gender and the breathing in of the soul from God take place.
The Right to Full Maintenance and Support of the Pregnancy / mother and the baby: Finance/care and full family support: full regular supply of healthy food and drink to the mother/full care and attention, medical help.
The Right to Full (halal, tayyib) Safe Healthy Food/Drink and Nutrition / No Harmful Diet or Chemicals: Exemption from fasting for the mother during pregnancy and breastfeeding, the baby’s welfare is first and is a must.
The Right to be Treated Equally (boy or girl): But to respect the natural biological differences (no abortion or foeticide of girls, no preference of boys, no sex discrimination).
The Right to be Born according to God’s Timing and Plan (not the doctor or woman’s timing or decision: moment of birth is fixed only by God, to avoid most caeserian, induction, foirceps, episiotomy; no premature labour, no interference).
The Right to a Natural Safe Private Birth or Home Birth: Empowerment of the woman, easy flexible mobility, familial environment, water and date: as in the birth of Jesus by his great noble mother Virgin Mary, relaxing environment, prayer.
The Right to One Mother Only: The same one who gave her egg, carried him/her during pregnancy, gives birth to him/her and looks well after him/her, after birth, no egg donation, no embryo donation, no surrogacy, no adoption or fostering.
The Right to be Named: (a good, meaningful, inspiring name).
The Right to Full Love and Care by the Mother: From the moment of conception and birth; full time mother.
The Right to be Considered a Human Being / a Person: especially after the soul is breathed in and from 6-7 weeks pregnancy.
The Right to Heaven/Paradise: If he / she dies, is killed or aborted (a super martyr: the granted right to bring his/her parents to him/her in Heaven.
The Right to Life and to be Fully Protected When a Punishment is Due on the Mother: (postponement of the punishment).
The Right to Make the Court Punish anyone Who Has Harmed: Or killed him / her (litigation, compensation).
The Right to Legal Status: Ownership in Finance (Inheritance/will).
The Right to Pay on His / Her Behalf: a charity (Zakat al Fitr in the fasting month of Ramadan, latest by Eid al-Fitr).
The Right to a Prayer and a Quick Burial: in case he/she dies.
The Right to Protection of all His / Her Organs / Body after Death: no retention of organs.
OTHER RIGHTS JUST AFTER BIRTH
The Right to Hear about the Creator: God, the only one God.
The Right to Having Full Time Caring Loving Mother.
The Right to Breastfeeding up to two years / Colostrum).
The Right to Taste Sweet Substance after Birth (like the rubbing of a sweet juicy date or sugar substance inside his/her mouth / Tahneek).
The Right to Circumcision: for boys.
The Right to a Public Celebration / Party (Aqiqua) due to his/her birth.
Like a human being, an unborn child in Islam has all the rights. These rights are and should be recognised and defended by Muslims, whether they are mothers, fathers, nurses, doctors or politicians.
We believe the time has come for the Pro-life Christians and the Muslims or for that matter the followers of other religions, to work together in order to establish legally and internationally: the human rights of the unborn child.
[DR A.MAJID KATME (MBBCH, DPM) is Pro-Life Pro-Family Muslim Campaigner in the UK & in the UN, Muslim Coordinator to the Society for the Protection of Unborn Children (SPUC), and spokesman of Islamic Medical Association, UK. He can be reached at [email protected]]