Abortion Under Sharia Law: The Need for The Extension and Expansion of Women’s Right to Privacy in Saudi Arabia

Abstract

The US Supreme Court decision in Dobbs v Jackson has led commentators to again interrogate whether the right to an abortion is implicated as part of the spectrum of rights to privacy. The abortion question remains controversial and unsettled across the world, including in Islamic regions. In this article, I examine whether the right to an abortion can be situated within the panoply of privacy rights granted to an individual under Sharia and Saudi law. Saudi law and practice serves as an example of how a modern Muslim majority country views abortion and its place within the individual’s fundamental rights (enumerated or unenumerated). I will attempt to answer the following questions. What is the status of a fetus in Sharia? What is the Sharia's position on abortion? Is there a possibility of extending a woman's right to privacy under the Sharia to accommodate her right to have an abortion? Under what circumstances would she lose her right to a choice? Finally, to what extent does Saudi law and practice reflect the Sharia’s position on the subject?

Keywords: abortion, privacy, reproductive rights fundamental Rights, Sharia, Saudi law.

DOI: 10.7176/JLPG/144-03

Publication date: December 30^th 2024