Islamic Jurisprudence on the Beginning of Human Life and Its Legal Implications on Foetus and Mother by Mrs Hatice Kubra Memis

Mrs Hatice Kubra Memis (University of Exeter)

The question of when human life begins is a multifaceted issue that extends beyond the realm of medicine. In Islamic Law, this topic is of particular importance, particularly in cases of induced miscarriage. Islamic legal rulings concerning the foetus can be categorized into two groups: those that relate directly to the foetus, such as nasab (lineage), diya (blood money), and inheritance, and those that relate to the foetus’ influence on its mother’s life, including her waiting period (ʿidda), manumission, fasting, maintenance, and punishment. This paper examines several of the rulings that have direct relevance to the foetus and its mother, including diya (blood money), kaffāra (expiation), ʿidda (waiting period), and umm walad (mother of the child). The way fuqaha (Muslim jurists) approach miscarriages vary depending on whether the foetus has a human appearance at the time of its demise or on the opinion of four trustworthy women who are experts in their field. To understand the criteria for determining when human life begins, this study focuses on the broader context of Islamic schools, such as Sunni and Shia, and particularly on the impact of the beginning of life on four issues: diya, kaffāra, completion of the ʿidda, and the status of umm walad.

These issues are critical for establishing a discussion on matters that directly impact real-life situations such as abortion, stem cell and embryo research.