Comparison Of Abortion Laws: Sharia Law And Positive Law

ADM205 Principles of Business Law

ADM205 Principles of Business Law

The Importance of Studying Abortion

Abortion can be defined as such a process, whereby the pregnancy is ended through the removal of the embryo or the fetus, before it gains the capability of surviving out of the uterus. As the same is done on purpose, it is often referred to as an induced miscarriage. There are different methods and techniques through which this process is carried, and can be done through oral medicines, or through a surgical procedure. Such termination of pregnancy is a controversial phenomenon across the globe, where some nations allow it, some put restrictions on it and some nations make it completely unlawful. And the reason for the difference in the treatment of abortions worldwide stems from the difference in the views with regards to abortions.

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For the purpose of this study, the views with regards to abortion under two different laws have been discussed. This has been done to evaluate if the abortion law under the Sharia laws, fit the positive law. Sharia is also referred to as the Islamic law and it depicts both the religious laws and the moral code of Islam. There are two primary sources of Sharia law, the first one is the precepts which have been set through the Quran and the second one stems from the examples which have been set by Muhammad, the Islamic prophet under Sunnah. The applicability of Sharia is interpreted and expressed through fiqh, i.e., Islamic jurisprudence. The reasoning and thoughts under this law are quite different from the ones under the Catholic reasoning. This is because under Sharia law, the reasoning is taken from the Quran or from the Sunnah, instead of taking the same from the general principle with regards to a particular condition. The understanding and t he spirit under the Quran or Sunnah is applied to the situation and for its reasoning. It is basically the law of god.

The positive law is nearly poles apart from the Sharia law. This is because the positive law is deemed as human made law, through which, an action is specified or obliged. Through the positive law, the institution of certain rights is descried for a group or for an individual. The positive law differs from the natural law, like Sharia, as it is conferred through the act of legislation instead of god, reason or nature. It is also defined as a law which is applicable at a particular point of time for a particular place and is based on statutory laws or the cases, which are applicable to the particular case. So, positive law denotes the law which is specifically and actually adopted through the proper authority so as to enable the governing of the society in an organized manner.

Define Abortion and its Divisions Among Scholars and Doctors

The description of the two laws clearly highlight that one is based on god and the other is based on the statues. This study evaluates the concepts and legality of abortion under the two laws, to evaluate if there is any similarity in the two laws with regards to abortion, even with their differences.

The issue with regards to abortion revolves around the decision on whether or not woman should be given the lawful right to end her pregnancy. This decision is basically on the question of their rights and the rationale behind giving this right. One side of the proponents state that the woman has the right to her body, through the right of life, and so, they can do whatever they would like to do. And the other side, which opposes this view, states that the fetus which grows inside the woman cannot be deemed as her property, and so, she does not have the right to do whatever she pleases with the fetus. Further, this view states that the fetus has its own right to life and that cannot be snatched away from the fetus by aborting it, as that would be wrong on moral grounds. Hence, there are two major aspects which have to be tackled with, when it comes to the philosophical significance of abortion. These issues are regarding the rights which the fetus holds and in case they hold so, whether the fetus gets the right to continue to be inside the womb of the mother, against her wishes.

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In order to understand if the fetus has such rights, there is a need to analyze the rights which one holds and the rationale or the general purpose behind holding such rights. Through the rights, the social interaction between the rational people is guided. The society allows the existence of rights through putting of bans on the initiation of force amidst the men who are rationale. A fetus cannot be said to act or do anything, let alone acting in a rational manner. Hence, the rationale that the fetal rights need to be recognized is entirely wrong. Rights cannot be deemed as arbitrarily handed out through the edicts; instead, they are the outcome to the nature of the entity.

In case it is assumed that the fetus had these rights, can the fetus be said to also have the right to be inside the womb of the mother, when the mother does not desire the same. The answer is quite clear and obvious. No. There cannot be an existence of un-opted duties or obligations. In case a woman does not desire for the fetus to be inside her, she has at her disposal various different manners through which the fetus can be forced out, in the same manner as any person would do to such an individual who enters their home and is not welcome in the home. It is a matter of choice. Even when a person is invited into the house, the owner of the house has the right to ask such person to leave his house. In order to decide upon these rights, it becomes crucial to study abortion.

For judging the significance of abortion as a critical issue, a survey was conducted by the Pew Research Centre in 2013 for United Nations. 53% of the population stated that in comparison to the other issues, abortion was not a significant issue, while 27% believed that it was one of the major issues and only 18% believed that it was a crucial issue being faced in the nation. However, the statistics changed remarkably when the question was asked from such individuals, who attended religious services, a minimum one time per week, which formed 37% of the adults in the nation. Amongst this population, 64% of the people believed that abortion was a major and critical issue, while only 33% believed that abortion was not a major issue.


(Source: Pew Research Center, 2013)

In Saudi Arabia, abortion is considered as unlawful, save for some narrow exceptions. The abortion is considered as lawful only when it is necessary for saving the life of the woman or when the pregnancy endangers the physical or mental health or the woman in a grave manner. These issues show that the rationality behind abortion and its needs stated above are not upheld in the nation. And this again emphasizes upon the need of studying abortion in the nation and to reflect upon if there is a need to change the laws associated with abortion in the nation.

The term abortion has been defined in different manners by different scholars and each of these definitions is significant in its own way. Grimes and Gretchen (2010) believe that the political and societal views and opinions are reflected under the language which is used to define abortion. The rationale behind having clear definitions for abortion is to steer clear from ambiguity for the medical community. The very contentious nature of abortion makes it controversial for the stakeholders to define abortions. The definition of word “abortus” has been given by the National Centre for Health Statistics. And as per this definition, under this process, the embryo or the fetus is expelled or removed from uterus during the first half of the gestation period, which is twenty weeks or less. When this criteria of accurate dating is absent, born weighing less than 500 grams. A birth is defined as just the opposite of abortus.

Ryrie (1991) defined abortion as the expulsion of human fetus, before it can become capable of surviving out of the mother’s womb. Under the standard medical terms, abortion has been defined as such a termination of pregnancy when there is lack of viability in the fetus. As per the Oxford bibliographies, the term abortion refers to pregnancy termination. It can be done through induced manner by using a surgical or pharmacological procedure or the same may be spontaneous. Some define it as such an induced or spontaneous termination of the pregnancy which is done before the viable age is attained by the fetus. Another medical dictionary defines it as an induced pregnancy termination which involves the destruction of fetus or the embryo.

Abortion can be divided into two types, the safe abortion and the unsafe abortion. The abortion is considered to have been done in a safe manner when the same is done by an experienced and a trained health worker; with the use of proper instruments; in hygienic and clean conditions, where the instruments which are used for the process of abortion are sterile; and lastly, up to three months since the last menstruation. The abortion is said to be done in an unsafe manner when it is carried out by an inexperienced person; with wrong medicines or instruments; with unsterile instruments; and after three months of pregnancy, without the help of a hospital or health care centre where the specialized equipment needed for abortion, is available. Around 46 million across the globe opt for unsafe abortions, even when it poses a threat to t eh life of the mother. Hence, it is crucial that in cases where the woman wants to opt for abortion, the safe abortion is opted for. The unsafe abortions are often opted for in such cases where the laws of the nation, do not allow abortion as a legal process. This is because difference cannot be made out between miscarriage and abortion.

There are different manners through which the pregnancy can be terminated, and these include the early medical abortion through the use of abortion pill, suction method or the vacuum aspiration, surgical dilation and evacuation, and late abortion. The type of abortion depends upon the duration for which the patient has been pregnant for, along with the medical condition which the patient may have and the preference of the patient to be awake or asleep during the procedure. The date of pregnancy is calculated from the first day of the last period for the woman. The procedures have been further discussed in detail below.

  • The Abortion Pill: This method is also referred to as early medical abortion and it can be opted for till nine weeks of pregnancy. In this treatment, two pills have to be taken orally at a particular time interval, depending upon the circumstances of the individual. The first pill is referred to as Mifepristone. Through the intake of this drug, the process where the body starts to prepare itself for changes, at the early stages of pregnancy, by making a lining of the womb, so as to prepare for the egg, which has been fertilized, is stopped.

The second drug used for this process is known as prostaglandin, which is usually taken after two days of taking the first pill. Within 4-6 hours of taking this pill, the lining of the womb is broken down, along with the removal of the embryo. This stage is similar to a stage where the patient attains heavy period.

  • Suction method or vacuum aspiration: This method can be opted for during the seventh to fifteenth week of pregnancy. This method is carried out through a local anesthetic; though at times, it can be done by using no anesthetic at all. Cervix, the neck of the woman, in this process is dilated or opened up. For this, often a tablet is placed in the patient’s vagina for the cervix to become softer and for it to open up with ease. Due to this, the tube can be easily inserted through the vagina, so as to suck the fetus from the womb, and hence the name, suction method. In order to ensure that nothing is missed, the surrounding tissue is also removed, or else, the same may have grave consequences. This is a very quick method and can be completed in a matter of minutes. And the patient is discharged after an hour or so. As is in the case of abortion pill, heavy period is experienced through after abortion using this method. Though, in comparison to other methods, the bleeding is less.
  • Surgical dilation and evacuation: Also referred to as the D&E method, under this, a general anesthetic is given to the patient, as a result of which, this process is associated with risks of being put under an anesthetic. The significance of adherence to the instructions before the treatment is initiated becomes crucial in this method, and often the patients are required to fast before this method of abortion. Through the use of surgical tools like forceps and suction tube, the cervix is opened up, in order to enable the removal of fetus from the womb. And again, the contents in the womb are checked in a careful manner so as to ensure the success of abortion process. Nearly half an hour is needed to undergo this surgery and the patient experiences vaginal bleeding, once this procedure is completed for a few weeks.
  • Late abortion: The late abortion can be opted during twentieth to twenty fourth week of pregnancy. There are two different modes of carrying abortion under this method, i.e., the surgical two stage abortion and the medically induced abortion.

In the surgical two stage abortion, general anesthetic is used and instructions have to be followed before the treatment. Firstly, the cervix is softened and dilated, followed by which the beating of the heart of the fetus is stopped. Secondly, the fetus is removed through forceps and suction tube, as in the D&E method.

Under the second more, i.e., medically induced abortion, the symptoms are that of late natural miscarriage. For the initial part of this mode, the patient has to be awake and the general anesthetic is given only for the second part. In the initial process, prostaglandin is injected into the womb directly, which results in strong contractions being caused, which are similar to going into labour. The contractions under this mode can last from between six to twelve hours. Once this is done, the fetus is removed through forceps and suction tube, as in the D&E method.

The definitions discussed till now reflected the terminologies used by the different scholars under the medical dictionaries or such other prominent dictionaries. The definitions and the view points on abortion are quite different when it comes to the concept of abortion under the Sharia law and the positive law.

Abortion is deemed as wrong under the Sharia laws and Muslims regard it as haram, i.e., forbidden. Though, in certain cases, it can be accepted and resultantly can be permitted. All of the schools under the Sharia law accept that abortion can be allowed only when the continuation of the pregnancy could put the life of the mother in real danger. That is the sole ground for abortion to be accepted once the time period of 120 days has been passed since the inception of the pregnancy. Diversified schools under the Muslim law have diversified viewpoints with regards to the other basis for the abortion to be permissible and the stages of pregnancy where the same would be permissible.

Some schools under the Sharia law allow that the abortion as lawful during the initiate sixteen weeks of pregnancy and on other hand other, the others allow the same for only the initial seven weeks. Even when the permission is given for the proponents of early abortion, abortion is still regarded as wrong; though, the same is not wrong to deserve a punishment. The wrong becomes greater and advanced with the advancement of pregnancy. Even though Quran is silent with regards to abortion, it does offer the requisite guidance over the related matters. And it has been accepted by the scholars that such guidance can be applied to be abortions in a proper manner.

Hadith, along with the opinions given by the religious and legal commentators and scholars shape the Muslim view on abortion. Islamic view is that the fetus becomes a living soul once the initial four months of gestation have passed and after this point, the abortion becomes impermissible. Under particular situations, a number of Islamic thinkers have recognized the exceptions to this particular rule. Azizah Y. al-Hibri, who was an American academic, believed that the Muslim scholars’ majority allowed abortion even when there was a difference in their views with regards to the stages of development of fetal, beyond which the abortion has to be prohibited. Sherman Jackson believed that as per the jurists’ majority, abortion was forbidden during the first trimester, it was not something which could be deemed as an offense to attract civil or criminal sanctions.

The access to abortion, in practice, is greatly varied between the different Muslim based nations. In the nations like Tunisia and Turkey, the abortions are legal unconditionally based on requests. The other nations like Egypt and Iraq make it legal when the life of the mother is threatened when the pregnancy is continued. A complete ban on abortion is not seen in any of the Muslim nations. The factors like extenuating situations and time are the factors which decide if the abortion is permissible amongst Muslims or not.

The views of the classical jurists have been aptly summarized by the author of Fiqh al-Sunnah, Seyed al-Sabiq. He stated that abortion was not permissible when a period of four months had passed since the time of inception of the pregnancy. And if the same is done, it is deemed as similar to taking the life of a person and is such an act, which demands penalties to be applied in this world, along with the worlds which follow. With regards to abortion before the period of four months ends, the same is permissible only in necessary circumstances. If there is a lack of genuine reason for the same, it is abominable. The author of Subul Al-Salam wrote that the treatment of a woman for terminating the pregnancy before the spirit is blown, is such an issue where the scholars have been varied with regards to the differentiating viewpoints over the matter of Azl. Azl denotes the measures for hindering the conception. So, the proponents of Azl allow the abortion and its opponents, do not.

The opinion given by Imam Ghazzali was also highlighted in the article which Seyed al-Sabiq wrote. As per the Imam, once the stage of conception has been attained, induced abortion becomes a sin. It was further stated that sin can be of different degrees. So, after the entrance of sperm in the ovaries, which is subsequently mixed with the ovum and a possible life, has been acquired, removing the same would be sinful. Once the same grows in a leech or a germ, aborting it would be a greater sin and with the passage of each stage, the graveness of the sin is increased. And when such a stage is attained where the spirit becomes a fetus, and acquires the human form, it would be a sin to kill it.

There is a universal agreement between the Muslims, with regards to the issue of woman’s life and as per this agreement, the life of woman is more important in comparison to the life of the fetus. In other words, the precedence is taken by the woman’s life. The rationale behind it stems from the fact that woman is the original source of life, whilst the fetus only has a possible or probable life. The abortion has been allowed by the Muslim jurists by agreeing on the doctrine that the lesser evil had to be warded off for the greater evil. On other words, the woman’s death had to be warded off by aborting the fetus. And in such matters, a better judge is the physician, instead of the scholars.

Even in cases of rape, it is considered as a sin to kill the child. It is believed by the Muslim scholars that even the child of rape is a legitimate child and hence, should not be killed. And even in such cases, the abortion can be done only when the fetus is less than four months old or where the same endangers the life of the mother. In cases of rape, where the pregnancy is unwanted and unplanned, and the parents need to abort the fetus so that the disgrace can be prevent which the mother and child would have to face in the future. This is because the child who is born out of rape is deemed as a lowly member of the society, in the same manner as a child of adultery is treated. Due to these reasons, exceptions were made to general view on abortion in certain rape cases.

A particular section of Muslim scholars have argued upon permitted the abortion in such cases where the newborn child would be sick in certain ways, which would make the care of the child very difficult for parents, for instance, in cases of mental handicaps or the children with deformities. The Islamic jurisprudence council of Mekkah Al Mukaramah, believed that the abortion should be allowed in such cases where it was grossly malformed and where the severe condition was untreatable and has been proved through medical examinations and where a committee of competent and trustworthy physicians has made this decision.  

The natural law requires that the law and the morality have to be complementary to each other and there has to be meshing of both of these as one to be valid. Though, the view under held by positivist is different from the naturalist view. For the positivists, the concern is not with regards to the morality in a code, but with regards to the basis of facts, and to decide if it is the law or not which can drive the focus of Hart. Pavlich (2011) reaffirmed these points and stated that legal positivism sought the goals and the morally neutral manners of studying the law as the observable facts of this world. This very description of the positivism is to be regarded as the base for the position in the matter of abortion, and this position is such which eliminates the morality boundaries and only considers the tangible assertions. This is a problematic concept for the ones who are in the pro-life camp as a legal theory is suggested which is not based on the quest which is guided through morality. Further, the action of abortion cannot be appreciated or defended in a vigorously opposed manner as a result of its immoral nature. Even though the legal positivism is not based on the grounds of morality for claiming the concept of abortion as justifiable or a valid law, the attempt instead is made on providing the framework through the empirical evidence of tangible concepts which reinforce, validate and suggest the positivist claims with regards to law.

As the positivist law is based on the statues and case laws, the cases with regards to abortion can provide the needed guidance. In the matter of Roe v. Wade, the Supreme Court gave its verdict. The verdict was given on January 22nd, 1973 and it stated that the unborn child was the property of the mother. And due to these reasons, the child could be disposed off by the mother, in the initial six months of the pregnancy and even in the last trimester where the single licenses physician’s opinion makes it obligatory for the preservation of health and life of the mother. The initial 3 months of pregnancy were not required to be regulated. The second trimester had to be regulated only when it was required for protecting the health of the mother.

In the matter of Doe v. Bolton, the Georgia law was struck down by the Supreme Court, which resulted in a number of restrictions being placed on abortion and was given on the same day as Roe and Wade. In this verdict it was stated that for placing limits over the right of woman to abort, had to be in conformity with the compelling state interest. It is crucial to be noted that the justices of the Supreme Court interpreted the health of the mother to be inclusive of both emotional and psychological health, along with her physical health.

The case of Planned Parenthood v. Danforth removed some of the limits which have been imposed over abortion through the case of Roe v Wade, with regards to the parental consent for a minor or spousal consent. This verdict stated that the physical and the woman only had the lawful right to take the decision in such cases. In Webster v. Reproductive Health Services, the first major limits with regards to the rights of an individual on abortion were represented. The Missouri law was upheld by the Supreme Court by reversing the decisions of the lower courts, whereby a restriction was imposed on the use of the medical facilities or that of the public funds for the abortions which were deemed as non-therapeutic. This case was built upon the Hyde Amendment which was related to the use of federal funds for the purposes of abortion and the case was concerned with regards to the states’ right to prohibit or limit the usage of funds attained through taxation for paying for the abortions.

The proponents of pro-choice brought forward the case of Planned Parenthood v. Casey to the Supreme Court for protesting the limits which were placed on abortion for the state of Pennsylvania. The case was brought against Casey, as she was the Pennsylvania’s governor. The laws of Pennsylvania, which were in question in this case, required that the woman who sought the abortion had given her informed consent after she was given the relevant information twenty four hours prior to the procedure. Hence, she was properly informed about the procedure, the risks associated with abortion, the possible gestational age of the fetus that was to be aborted. And in this, the evidence was also to be given with regards to the spousal notification and the informed parental consent for a minor child. This case was deemed as the best case to overturn the judgment of Roe v Wade by the pro-life advocates and the proponents of pro-choice hoped that all of the limitations would be struck down by the Supreme Court. However, both of the sides remained unsatisfied with the decision. The decision was not overturned by the Supreme Court; though except the spousal notification feature, all the limitations were retained.

The views which have been summarized through the decisions of the court above highlight that even under the positivist law the view on abortion is diversified. There is a spectrum of views with regards to the righteousness of abortion. In one of the conducted surveys, four different views were given to the question on righteousness of abortion. These four answers were: always; sometimes; rarely; and never. The views in this survey were diversified.

Since the decision was given in 1973 in the case of Roe v Wade by the Supreme Court, over forty million pregnancies resulted in termination of it. The proponents of pro-abortions have lobbied enthusiastically for the legality to be continued with regards to abortion on demand. The opponents of abortions accept abortions when there is a risk to the life of the mother, or in cases of incest or rape, and are acceptable rarely in cases of ectopic pregnancies, and for the remaining cases, it is not allowed.  

The Islamic view with regards to human beings is based on four fundamental principles. Under the first principle, the human beings are deemed as the rational beings which are divergent from the other rational beings as the humans have the freedom to choose. In other words, the humans have the ability to choose not only their actions, but also their behaviors and these are largely influenced by their will and reasoning. Under the second principle, the human beings, up to a large extent, are affected by their surroundings, i.e., by other beings and the physical environment which surrounds the humans. As per the third perspective, the human beings are deemed as such social beings that interact with the other humans in a natural manner. And the last view is that the humans have been created by the God, who is also the creator of this entire universe. The relationship which the humans have with god has varied dimensions and this affects the human as a person, along with the relationships which they hold. Man has been deemed as an honored creature and this has been covered under the different verses contained in Quran, i.e., under Verse 70 in Surat Al-Isra’ and Verse 20 under Surat Lu-Qman.

Under the Islamic view, the sanctity of life has to be maintained. A high priority has been given by the faith to this sanctity and has been contained in Quran at 5:32. As per this verse, any person who spares the life of a soul would be deemed as if that person has spared the life of each and every person. And if a person kills a soul, it would be deemed as if the person has murdered the entire mankind. The majority of Muslim scholars state that the fetus in the woman’s womb has to be protected as a human life due to the same being recognized by Islam. As highlighted earlier, saving of the mother’s life is deemed as the lesser of two evils and Sharia believes in opting for the lesser of two evils. The rationale behind considering abortion as the lesser evil has also been given. The mother is deemed as the originator of the fetus and the life of mother is already well-established. The mother is not only a part of the family but also has a range of responsibilities and duties. And it cannot be ignored that if the mother dies, the fetus would also die with the mother, unless is incubated outside the mother’s womb, where the chances of survival are quite low. Hence, it becomes crucial under the Sharia law to preserve the life of the mother before the life of the fetus.

The Quran also states that the fetus cannot be aborted just because of the fear of the family that they would not be able to provide for the child. Quran at 17:32 states that the Allah would look after the child. As per this worse, for the fear of poverty, the offspring is not to be killed and that the god would provide for both the child and the parents. Hence, the killing of fetus was regarded as a sin in cases of fear of providing for the child. And on the basis of this verse, the abortion on the basis of financial or social grounds with regards to the mother and the family is banned.

Even when it comes to the sake of the baby, where the abortion is required due to the deformity which the child would suffer, the views are divided. Where one set of scholars adopt a liberal view and allow the abortion for first four months, the other set of scholars disallow such abortions. A unanimous opinion is drafted with regards to abortion after four months, which is not permitted. A fatwa was issued in Iran by Ayatollah Ali Khameni, where the fetuses were allowed to be aborted when the same was ten weeks old and showed signs of thalassemia, which is a genetic blood disorder. Grand Ayatollah Yusuf Saanei stated that even though abortion was prohibited in general under Islam, it was a religion where compassion was showed. And so, in case where there is a major or serious issue, the God at times would not require its creatures to practice the law given by him. Hence, in some situations, for instance, overpopulation or poverty of the parents, the abortion had to be permissible.

Discussion and Conclusion

Coming back to the main question for which the entire research was conducted, does religion influence on law in sphere of abortion regulation? For this purpose, the analysis was done to find out whether the Sharia law on abortion fits the positive law. The answer to this is ambiguous and can be stated as both yes and no. This is because under each of these laws, there are different scholars and their views are differentiated on this topic. Among the scholars of positive law, there are proponents and opponents of abortion and the same is true for the scholars of Sharia law. However, there is divergence between the views adopted for abortion under the Sharia law and the positive law, because Sharia law is based on law, which is a naturalist form of law and is varied from the positive law. This has been proved through the discussion carried above where it was shown that Sharia law is based on god and on what has been covered under the Quran; but positive law is such where the law is based upon findings and facts, instead of relying upon what has been stated in the holy books or something which is considered as the wordings of the god. Till it can be proved, it cannot be deemed under the positive law, where as for Sharia law, the wordings of Quran are true and supreme.

This is the reason why under the Sharia law, the emphasis has been given to the soul of the fetus and its existence, whereas under the positive law, the fetus is treated in strict and defined terms and in context of medical science. Even in the cases which are brought before the court of law, which forms as the basis of positivist law, more importance is given to making a decision over the particular circumstances of the case, instead of giving emphasis over the law of god, as is done in the case of Sharia law. The views within the Sharia law have been diversified amongst the scholars, where one set of scholars consider it sinful, irrespective of the stage of pregnancy, and the other set of scholars consider it sinful only before a particular period has passed, and where the life of the mother is at stake, as the life of the mother is given preference over the life of the fetus.

The positive law is also diversified when it comes to the issue of abortion. Some believe that abortion should not be allowed as it terminates the right to live of the fetus, whereas the others believe that abortion should be allowed as the life of mother is more important. Even the cases mentioned in the discussion which took place in the previous parts highlights that it is crucial that the mother is given the right to chose to keep or terminate the pregnancy due to her right of life.

In these very divergences of the views within the Islamic law and the positive law, there is a unity. This is because one segment of scholars’ supports abortion under both these laws and another segment of scholars oppose it. So, it can be stated that the Sharia law on abortion does fit the positive law. The fitness and divergence of abortion under these two laws is dependent upon the views taken of the scholars of these laws. Essentially, both these laws uphold the sanctity of life over the sanctity of an unborn child where the life of mother is threatened, both these law make it mandatory to give preference to the mother’s life. Hence, Sharia law does fit the positive law in essence.


Doe v. Bolton (1973) 410 U.S. 179

Planned Parenthood v. Casey (1992) 112 S. Ct. 2791

Planned Parenthood v. Danforth (1977) 428 U.S. 52

Roe v. Wade (1973) 410 U.S. 113

Webster v. Reproductive Health Services (1989) 109 S. Ct. 3040


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