ISLAM recognizes the spiritual or divine rights of unborn child, whose period starts before their parents’ marriage and lasts up till their birth.
Biological parents are specifically be the custodian of fulfillment of unborn child’s spiritual rights. These rights are clearly defined through the verses of Holy Quran, Hadith (teachings of the Prophet), Sunnah (Acts of the Prophet) and Islamic Jurisprudence (Shariah). Islam provides a holistic framework for the dignity, care, protection from harm, growth and nurturing the spirituality of unborn child, whilst he/she is in the womb of mother.In order to exercise this holistic framework for fulfillment of unborn child’s physical, cognitive and spiritual rights, it is necessary to study the teachings of the Islam in-detail. The following are stages of unborn child’s spiritual/divine rights in Islam supported by the Quranic verses, Hadith and Sunnah. Before Parents’ Marriage: Unborn child has a right to have decent and righteous parents. Therefore, Muslim man and woman are required to choose only the pious and righteous spouse, as it would directly impact on child’s upbringing, future, morality and stable family. A righteous spouse would ensure that the child is born into a healthy, moral and spiritual environment and it is the standard to start a reliable family then. This is evident from the following verses and Hadith of Holy Quran and Prophet respectively; “Marry those of you that are single, (whether men or women),and those of your male and female slaves, that are righteous.”[Surah An-Noor, Verse 32]. “Our Lord! Bless us with wives and children, who may be the comfort of our eyes, and make us leaders of the righteous.” [Surah Al-Furqan, Verse 74] Prophet Muhammad (PBUH) said: “A woman is married for four things, i.e., her wealth, her family status, her beauty and her religion. So you should marry the religious woman,(otherwise) you will be amongst losers”. [Sahih al-Bukhari 5090 and Sahih Muslim 1466]
After Parents’ Marriage and Before Conception: Unborn Child has a right to lawful (halal) conception in mother’s womb, i.e., to be born from a lawful, dignified and legitimate sexual relationship between spouse. This preserves the child’s lineage, identity, inheritance rights, honour in society and moral/spiritual values. Moreover, before child’s conception in mother’s womb or his birth, parents must make supplications (duas) to God for a righteous offspring. These are evident from the following verses of Holy Quran; “And do not approach unlawful sexual intercourse (adultery). Indeed, it is ever an immorality and an evil way.” [Surah Al-Isra, Verse 32] “Then Zechariah prayed to his Lord: ‘O Lord! Grant me from Yourself out of Your grace the gift of a goodly offspring, for indeed You alone heed all Prayers.” [Surah Al-Imran, Verse 38] “My Lord! Bless me with righteous offspring.” [Surah As-Saffat, Verse 100] “My Lord! Do not leave me childless, though You are the best of inheritors.” [Surah Al-Anbiya, Verse 89] “My Lord! dispose me that I may give thanks for the bounty that You have bestowed upon me and my parents, and dispose me that I may do righteous deeds that would please You, and also make my descendants righteous. I repent to You, and I am one of those who surrender themselves to You.” [Surah Al-Ahqaf, Verse 15]
During Pregnancy: In Islam, spiritual rights of unborn child during pregnancy (fetus) inter alia are right to – life, protection from harm during pregnancy, prohibition of unjust abortion, proper nutrition and health care through mother’s diet/medical checkup, peaceful and safe environment maintain by parents, spiritual nourishment by parents and share in inheritance. Islamic jurisprudence grants fetus a right to inheritance and his share is reserved until birth. If a father/relative dies, while the mother is pregnant, the deceased’s estate is put on hold for full distribution until the mother gives birth. The fetus will be a potential legal heir and inherit from the deceased’s estate accordingly, if born alive even for a moment. The fetus will not inherit if born dead, but still be treated with dignity i.e., his naming, shrouding, burial etc. be conducted. Pregnant woman’s actions, speech and worship spiritually nourish the fetus in her womb.
Surah Al-Inshiqaq (no. 84) to be recited daily throughout the pregnancy toease labour, Surah Luqman (no. 31) daily during the 1st trimester to help with child’s organs development as this Surah helps in developing the child’s brain, Surah Yusuf (no. 12) daily during the 2nd trimester when the child’s physical appearance is forming, for beautiful physical appearance, Surah Maryam (no. 19) daily during the 3rd trimester as labour approaches. Moreover, Ayat-ul-Kursi, 4 Quls and 99 names of Allah be recited daily for blessing and protection and one full Quran to be completed during the duration of pregnancy. rights during pregnancy are further evident from the following verses of Holy Quran; “And do not kill your children for fear of poverty. We provide sustenance for them and for you. Indeed, their killing is a heinous sin.” [Surah Al-Isra, Verse 31] “There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large – a legal share.” [Surah An-Nisa, Verse 7]
After 120 Days of Pregnancy When Soul is Breathed in: In Islam, unborn child is not just seen as a future human being, but as a spiritual soul (ruh) deserving survival, respect, care and spiritual nourishment from the moment of his conception in the mother’s womb especially after 120 days of pregnancy, when the soul is believed to be breathed into the child, making it a living being with full rights. All major Islamic schools of thought made consensus that after 120 days of pregnancy, abortion is absolutely forbidden and is only permissible if the mother’s life is in danger. This is further evident from the following verse and Hadith of Prophet, “And do not kill the soul, which Allah has forbidden [to be killed] except by legal right.” [Surah Al-An’am Verse 151] Prophet Muhammad said: “Verily the creation of each one of you is brought together in his mother’s womb for forty days in the form of a nutfah (a drop), then he becomes an alaqah (clot of blood) for a like period, then a mudghah (morsel of flesh) for a like period, then there is sent to him the angel who blows his soul into him and who is commanded with four matters: to write down his rizq (sustenance), his life span, his actions, and whether he will be happy or unhappy (i.e., whether or not he will enter Paradise).” [Al-Bukhari and Muslim], [Hadith 4, 40 Hadith of an-Nawawi]
From the above discussion, it is concluded that Islam has given strong emphasis on human dignity from the earliest stages of life even before obtaining conception in the mother’s womb. It is therefore the responsibility of parents to uphold the dignity of their unborn child so that their spirituality could be properly preserved and nurtured. May Allah empower everyone to fulfil the spiritual rights of unborn children and raise them as righteous Muslims. Ameen!
—The writer is Human Rights Activist, Child Rights Expert& Lawyer.
