Fetal Rights in Positive Constitutions: A Critical Study in the Light of Islamic Educational Thought 10.35781/1637-000-145-005

Abstract

Abstract This study examines fetal rights in positive constitutions through a critical approach in light of Islamic educational thought, starting from the question of the position of the pre-birth stage within the contemporary constitutional framework and the limits of the protection accorded to it. The study aims to analyze the general constitutional framework of human rights in positive constitutions, to explore the extent to which fetal rights are included therein, and to identify the issues arising from the absence of explicit constitutional provisions. It further seeks to approach this issue in comparison with the conception of fetal rights presented by Islamic educational thought, which views these rights as an integral part of the project of human development from its earliest stages. The study adopts a critical analytical method in examining selected Arab and foreign constitutions and evaluating them according to an educational and value-based criterion grounded in the objectives of Islamic law, particularly the preservation of life and lineage. The findings indicate that, although positive constitutions generally affirm the right to life, they do not grant the fetus a clear constitutional status before birth, relying instead on broad formulations and references to lower-level legislation, which affects the stability of legal protection during this early human stage. In contrast, Islamic educational thought offers an integrated conception of fetal rights, viewing the pre-birth stage as foundational in human development and considering its protection a key entry point for preventive education and for reinforcing values related to the sanctity of life and social responsibility. Keywords: Fetus, Positive Constitutions, Prenatal Rights, Islamic Educational Thought.