Volume 14 - Special Issue on Human Rights and Citizenship Rights
MLJ 2020, 14 - Special Issue on Human Rights and Citizenship Rights: 437-448 |
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Hemmatian S, Aqaee Bajestani M, Taheri M. Analysis of Examples of Women's Reproductive Rights in Islamic Jurisprudence and Law. MLJ 2020; 14 :437-448
URL: http://ijmedicallaw.ir/article-1-1195-en.html
URL: http://ijmedicallaw.ir/article-1-1195-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran. (Corresponding author)
3- Department of Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran. (Corresponding author)
3- Department of Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran
Abstract:
Background and Aim: Today, Women's Rights are Discussed and Emphasized in Different Ways in Different Philosophical and Political Schools of the World. One of the Manifestations of Women's Rights is Reproductive Rights, Which Have Many Sexual, Physical, Cultural, Medical-Health and Socio-Economic Dimensions. In Addition, Women's Reproductive Rights in Islam as One of The Important Dimensions of Women's Rights, Before, During and After Reproduction is Considered. Accordingly, the Purpose of This Study is to Investigate the Examples of Women's Reproductive Rights in Islamic law.
Materials and Methods: The Method Used in the Present Study is Descriptive-Analytical That by Collecting Data Through Documentary Sources and Libraries, the Issue of Women's Reproductive Rights Has Been Studied.
Findings: In Islamic Teachings, Examples of Women's Reproductive Rights Based on Their Inherent Dignity as Human Beings are Seen in Issues Such as How to Control Births, Women's Dignity, Their Rights in Educational and Health Issues, and Reproduction and Limitation of Generations. Also, the Rules of Harmlessness, Urgency and Domination, Based on the Harmlessness of New Methods of Female Reproduction, the Lack of Hardship and Hardship on Human Beings and the Domination of Women Over Their Bodies, According to the Teachings of Sharia, Can be Considered as Protectors of Women's Rights in the Field of Fertility.
Conclusion: Based on Women's Reproductive Rights in Islam, the Rules of Islam Focus on the Protection and Maintenance of Women in Various Matters, Including Fertility and the Factors That Support it. Considering That the Source of Rights in Terms of Islam and Islamic Law is God and His Legislation, in Order to Determine the Instances of Reproductive Rights, one Should Refer to Religious Sources and Texts and Judge the Acceptance of Customary and Sharia Law Accordingly. However, the Right to Education, the Right to One's Own Body Through Legitimate Means, the Right to Have a Number of Births and to Increase or Decrease Them, Are Examples of the Reproductive Rights of Couples and, in Particular, Women. Given This Issue, Women's Reproductive Rights, as One of the Emerging Issues, Requires the Use of Scientific and Medical Achievements Within the Framework of Sharia and Sharia Teachings.
Please cite this article as: Hemmatian Sh, Aqaee Bajestani M, Taheri M. Analysis of Examples of Women's Reproductive Rights in Islamic Jurisprudence and Law. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 437-448.
Materials and Methods: The Method Used in the Present Study is Descriptive-Analytical That by Collecting Data Through Documentary Sources and Libraries, the Issue of Women's Reproductive Rights Has Been Studied.
Findings: In Islamic Teachings, Examples of Women's Reproductive Rights Based on Their Inherent Dignity as Human Beings are Seen in Issues Such as How to Control Births, Women's Dignity, Their Rights in Educational and Health Issues, and Reproduction and Limitation of Generations. Also, the Rules of Harmlessness, Urgency and Domination, Based on the Harmlessness of New Methods of Female Reproduction, the Lack of Hardship and Hardship on Human Beings and the Domination of Women Over Their Bodies, According to the Teachings of Sharia, Can be Considered as Protectors of Women's Rights in the Field of Fertility.
Conclusion: Based on Women's Reproductive Rights in Islam, the Rules of Islam Focus on the Protection and Maintenance of Women in Various Matters, Including Fertility and the Factors That Support it. Considering That the Source of Rights in Terms of Islam and Islamic Law is God and His Legislation, in Order to Determine the Instances of Reproductive Rights, one Should Refer to Religious Sources and Texts and Judge the Acceptance of Customary and Sharia Law Accordingly. However, the Right to Education, the Right to One's Own Body Through Legitimate Means, the Right to Have a Number of Births and to Increase or Decrease Them, Are Examples of the Reproductive Rights of Couples and, in Particular, Women. Given This Issue, Women's Reproductive Rights, as One of the Emerging Issues, Requires the Use of Scientific and Medical Achievements Within the Framework of Sharia and Sharia Teachings.
Please cite this article as: Hemmatian Sh, Aqaee Bajestani M, Taheri M. Analysis of Examples of Women's Reproductive Rights in Islamic Jurisprudence and Law. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 437-448.
Type of Study: Original Article |
Received: 2019/11/13 | Accepted: 2020/02/23
Received: 2019/11/13 | Accepted: 2020/02/23
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