Fetus Rights from Viewpoints of Islamic Sects

The embryo in the mother’s womb is called a fetus. The fetus has a special set of rules and rights and it is given such rights when it is both alive and born alive.The paper reviews the material and spiritual rights of a fetus from the viewpoints of various Islamic sects. Some Sunni jurists have allowed endowment in favor of a fetus, while Shia jurists reject such a rule. From the viewpoint of some Sunni jurists, it is allowed to donate something to a fetus, while some other Sunni jurists, and of course, Shia jurists do not accept such saying as the ability to grasp a property is a vital condition to donation, which is, of course impossible for a fetus. Some Sunni jurists have said that a fetus has a preemption right, but Shia jurists have not opined on the issue.The material rights of a fetus are concerning as inheritance, testament, alimony, preemption right, endowment and donation. All these rights depend on the condition that the fetus is born alive. The spiritual rights cover topics such as genealogical claim, legitimacy of birth, being born safe and sound, duties of mothers in protecting the fetus, allowing pregnant women to avoid fasting, delaying legal punishment on a pregnant mother and preserving the fetus’s right to live.