At a time when human rights slogans are loudly declared and relentless campaigns are launched against Islam, a starkly different reality unfolds. Islam has honored every creature and commanded kindness toward all beings, even the fetus in the depths of the womb. From the very first pulse, Islam has enveloped this delicate soul with rights that surpass those found in the most advanced human rights charters.

However, our contemporary world, hidden behind a veil of hollow slogans and empty claims, reveals widespread violations of the rights of these fragile beings. According to World Health Organization (WHO) reports from 2023, approximately 73 million abortions occur worldwide each year, representing 29% of all pregnancies. In the United States alone, there were more than 1.03 million abortions, the highest number recorded in over a decade. Even more concerning is that nearly 45% of these procedures are performed in unsafe conditions, leading to severe harm to mothers.

But the violations against fetuses are not limited to abortion. They also include maternal negligence during pregnancy. According to data from the Centers for Disease Control and Prevention (CDC), over 10% of pregnant women in the U.S. consume alcohol during pregnancy, which leads to Fetal Alcohol Spectrum Disorders (FASDs)—one of the leading causes of physical and intellectual disabilities in newborns.

In stark contrast, Islam came to guarantee the rights of the fetus even before it becomes a drop of fluid in the mother’s womb.

Abortion a Murder or Human Right

Rights from the Start

The first of these rights is a righteous family environment. Islam places great emphasis on choosing righteous spouses and recommends religion and character as the two main criteria in marriage. Allah says, “And their father was righteous.” [Al-Kahf: 82] The righteousness of both parents has a positive influence on the upbringing of children. Islam also commands earning a lawful and pure livelihood to ensure the purity of one’s lineage and the moral foundation of the family: “O mankind, eat from whatever is on earth [that is] lawful and good.” [Al-Baqarah: 168]

Islam also lightened the burden of certain religious duties for pregnant women. Many scholars have permitted pregnant and nursing women to break their fast if they fear harm to themselves or their babies. Allah says, “And upon those who are able [to fast, but with hardship] - a ransom [as substitute] of feeding a poor person [each day].” [Al-Baqarah: 184]

Additionally, Islam considers the status of a pregnant woman when carrying out legal punishments. It does not cancel them entirely, but delays them to protect the fetus. This is illustrated in the story of the woman from the Ghamid tribe who confessed to adultery. The Prophet ﷺ delayed the execution of the punishment until she gave birth, and delayed it again until the child nursing was taken care of.

Islam also legislated financial compensation for the fetus if it is lost, intentionally or unintentionally. In an authentic narration, Abu Huraira reported that among two women of the tribe of Hudhail one flung a stone upon the other causing an abortion to her so Allah's Apostle (may peace he upon him) gave judgment that a male or a female slave of best quality be given as compensation.

If the fetus dies and is delivered with distinguishable human features, a funeral prayer is performed, even if the baby did not cry or show signs of life—as long as its form was complete.

Islam also recognizes the psychological impact on the pregnant mother, which in turn affects the fetus. It commands the husband to treat his pregnant wife kindly and support her, as emotional stability of the mother directly contributes to the healthy development of the unborn child. Allah says, “And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness.” [Luqman: 14]

This ayah indicates the difficulty and vulnerability of pregnancy, making it incumbent upon the husband to provide comfort and tenderness to his wife.

It is also recommended to pay zakat on behalf of the fetus, as Uthman ibn Affan (may Allah be pleased with him) used to do, even though zakat is not obligatory upon the unborn. This was seen as an act of generosity and goodwill.

Moreover, Islam preserves the fetus’s right to inheritance. If someone dies and leaves behind a pregnant wife, the fetus’s share is reserved based on all possible outcomes (boy, girl, twins, etc.) until the child is born. If born alive, the child receives the full share; if not, the estate is redistributed accordingly.

Above all, the most significant right granted by Islam to the fetus is the right to life. While pre-Islamic ignorance led to the burial of daughters alive, Islam condemned and strictly prohibited the killing of children. Allah says, “Those will have lost who killed their children in foolishness without knowledge and prohibited what Allah had provided for them, inventing untruth about Allah. They have gone astray and were not [rightly] guided.” [Al-An’am: 140] The life of the fetus is sacred and inviolable, and it is strictly forbidden to terminate it under any unjustified pretense.

-------------------------------------------------------------------

• Mahasin al-Islam Encyclopedia.
• Islamweb