Reproductive Right in Islamic Law

Bearing a child has always been one of the most magnificent matters of mankind. Naturally speaking, making a decision about it relies on its pros and cons. By the development of modern assisted reproductive technologies and contraceptive methods in recent decades, the issue of human reproduction has gained more importance in Islam (and Islamic law) and in other religions. In this paper, we use the document analysis and descriptive-analytical research methods to figure out the conditions and status of mankind’s reproductive rights according to Islamic law. The purpose of this article is to show the perspective of Islamic law toward the nature of reproductive rights. By considering this issue, we can decide better about other issues in this realm such as the aspects of reproductive rights, the right-holders, and the duty-bearers. In conclusion, according to the standpoint of the Qur’ān and the traditions about the permission to practice ‘azl (withdrawal or coitus interruptus), we might maintain that human reproduction is a right rather than a commandment (ḥukm); moreover, it is a mixture of duty and right, because is not sufficient to only take rights into consideration. Thus, according to this right, obligations or duties must be imposed against other opposing parties (persons or the government), as it is not possible to imagine rights without responsibilities.

Keywords:

reproductive right , right , Commandment , Islamic Law , obligation , Duty