Child marriage and unborn child in Western and Muslim Laws: Analytical Study

  • Romesa Maryam UMT
Keywords: Child marriage, unborn child, Fetus laws, CEDAW, Islamic jurisprudence


This research is based on the premise that every member of the human family must be legally entitled to the preservation and protection of their human rights, whether it be a fully developed human being or a feeble, fragile, and seemingly lifeless fetus. The comparative analysis identifies the status of a fetus in Islamic and Western legal corpus with respect to core human rights such as ‘protection of dignity’ and ‘protection of life’. As the study will extrapolate, Islamic law profoundly bestows upon the fetus the full collection of rights as if it’s a fully developed human being. This research paper focuses on the analysis of contemporary laws regarding fetus in the western world and selective Muslim societies.