An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia

Issues on induced abortion and abandonment of fetus are not seemed only to trigger Malaysians but the world at large. Such issues are not seemed to be new but went back to the past several decades i.e. before the recognition of rights of unborn babies to be protected and safeguarded by the United Na...

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Main Authors:	Mohd, Azizah, Mohamed, Duryana, Baharudin, Mohammad Hidir
Format:	Article
Language:	English
Published:	2018
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/69090/ http://irep.iium.edu.my/69090/6/69090_An%20Overview%20of%20the%20Protection%20of%20Rights%20of%20Unborn%20Child_article_new.pdf

id	iium-69090
recordtype	eprints
spelling	iium-690902019-01-10T02:27:14Z http://irep.iium.edu.my/69090/ An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia Mohd, Azizah Mohamed, Duryana Baharudin, Mohammad Hidir KBP1 Islamic law.Shariah.Fiqh Issues on induced abortion and abandonment of fetus are not seemed only to trigger Malaysians but the world at large. Such issues are not seemed to be new but went back to the past several decades i.e. before the recognition of rights of unborn babies to be protected and safeguarded by the United Nations Declaration of the Rights of the Child in 1959. This is evident when The UNDRC 1959 declares that the child needs special safeguards and care, including appropriate legal protection, before as well as after birth. Unborn babies can be simply and generally understood as babies who are conceived and not yet born regardless of the terms of pregnancy. This paper mainly seeks to examine rights of unborn child under Islamic law (the Shari’ah). Under Islamic law, rights are well defined and guaranteed to all categories of human beings regardless of their stages of life, so long as it is within the purview of the Sharia’h. As regards babies and children, protection of their rights begins at the very initial stage of their life i.e. before their birth. The research is based on the hypothesis that Islam is a comprehensive way of life and govern comprehensive rules on child protection. Examination extends to the law in Malaysia especially on the issue of adequate protection of rights of unborn child. The research will adopt a qualitative methodology. The findings of the research will provide a strong theoretical framework on rights of unborn child under Islamic law, so as to provide a sample for protection of rights of unborn child. Finally, the paper will suggest improvement to the law in Malaysia where relevant and appropriate. 2018-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/69090/6/69090_An%20Overview%20of%20the%20Protection%20of%20Rights%20of%20Unborn%20Child_article_new.pdf Mohd, Azizah and Mohamed, Duryana and Baharudin, Mohammad Hidir (2018) An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia. Journal of Islamic Law Review, 14 (1). pp. 71-97. ISSN 0973-2918
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Mohd, Azizah Mohamed, Duryana Baharudin, Mohammad Hidir An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia
description	Issues on induced abortion and abandonment of fetus are not seemed only to trigger Malaysians but the world at large. Such issues are not seemed to be new but went back to the past several decades i.e. before the recognition of rights of unborn babies to be protected and safeguarded by the United Nations Declaration of the Rights of the Child in 1959. This is evident when The UNDRC 1959 declares that the child needs special safeguards and care, including appropriate legal protection, before as well as after birth. Unborn babies can be simply and generally understood as babies who are conceived and not yet born regardless of the terms of pregnancy. This paper mainly seeks to examine rights of unborn child under Islamic law (the Shari’ah). Under Islamic law, rights are well defined and guaranteed to all categories of human beings regardless of their stages of life, so long as it is within the purview of the Sharia’h. As regards babies and children, protection of their rights begins at the very initial stage of their life i.e. before their birth. The research is based on the hypothesis that Islam is a comprehensive way of life and govern comprehensive rules on child protection. Examination extends to the law in Malaysia especially on the issue of adequate protection of rights of unborn child. The research will adopt a qualitative methodology. The findings of the research will provide a strong theoretical framework on rights of unborn child under Islamic law, so as to provide a sample for protection of rights of unborn child. Finally, the paper will suggest improvement to the law in Malaysia where relevant and appropriate.
format	Article
author	Mohd, Azizah Mohamed, Duryana Baharudin, Mohammad Hidir
author_facet	Mohd, Azizah Mohamed, Duryana Baharudin, Mohammad Hidir
author_sort	Mohd, Azizah
title	An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia
title_short	An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia
title_full	An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia
title_fullStr	An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia
title_full_unstemmed	An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia
title_sort	overview of the protection of rights of unborn child under islamic law and the law in malaysia
publishDate	2018
url	http://irep.iium.edu.my/69090/ http://irep.iium.edu.my/69090/6/69090_An%20Overview%20of%20the%20Protection%20of%20Rights%20of%20Unborn%20Child_article_new.pdf
first_indexed	2023-09-18T21:38:03Z
last_indexed	2023-09-18T21:38:03Z
_version_	1777412953576833024

An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia

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