Protection of Fetal Rights in Islam and Sikhism: A Critical Engagement with Western Legal Discourse

Abstract

The question of fetal rights occupies a central yet contested position in contemporary legal and ethical discourse. While Western legal paradigms often frame the issue through the lens of individual autonomy and reproductive choice, Islamic jurisprudence and Sikh ethical thought articulate alternative frameworks grounded in the sanctity of life and divine ontology. This study offers a comparative analysis of fetal rights in Islam and Sikhism, critically engaging with dominant Western legal narratives. Drawing upon the Qur’ān, Hadith, classical Islamic jurisprudence (fiqh), and the Guru Granth Sahib, the paper explores how both traditions conceptualize the moral and ontological status of the unborn. The study argues that Islam provides a structured juridical framework for fetal protection, whereas Sikhism advances a spiritually grounded ethic of life dignity. In contrast, Western legal discourse often reflects a rights-based individualism that can marginalize the moral status of the unborn. The article ultimately proposes a dialogical rethinking of fetal rights that integrates legal rigor with ethical depth (An-Na’im, 2008; Cook, 2007).