An Unborn Child’s Right to Life: A Study of the Law of Abortion in Pakistan in the light of Shariah** An initial draft of this research was presented at International Conference on Human Rights: Prospects and Challenges held at GC University, Lahore on November 7-9, 2018.

Abstract

Every legal system in the world guarantees right to life. But the right to life of an unborn child is somewhat differently treated as in some respects it is an independent human being whereas in other respects it is still a part of the mother. Termination of pregnancy has always been a controversial issue in societies as well as legal systems. If we look at Islamic law an unborn child’s right to life is divine and cannot be taken away by the mother or the state. Islamic law considers a fetus a separate life and allows abortion only in exceptional circumstances. In Pakistan abortion is an offence and is being dealt with in the Pakistan Penal Code 1860. This article will discuss an unborn child’s right to life and the law related to abortion in Pakistan. The law of abortion in Pakistan is based on Islamic law especially the Hanafī school, so relevant issues will be discussed in Islamic law as well. The methodology used is analytical and comparative. The basic aim of the study is to suggest reforms in law of abortion in Pakistan.