Abortion Laws Vs. Taliban Sharia: A Tale Of Oppression

Abortion laws in the US and Sharia law, or Islamic law, are often compared and contrasted, especially in the wake of the Supreme Court's decision to overturn Roe v. Wade. While critics have drawn parallels between abortion bans in the US and the Taliban's restrictions on women's rights, Muslims and Islamic scholars argue that these comparisons are not only offensive but also inaccurate.

Under most interpretations of Islamic law, abortion is permitted within the first 120 days of pregnancy, or until ensoulment, which is believed to occur at around 17 weeks. After this point, abortion is still allowed if the mother's life is at risk or the fetus has severe abnormalities. In contrast, some US states have implemented near-total abortion bans without exceptions for incest or rape.

While the Taliban's interpretation of Sharia law does impose strict restrictions on women's rights, it is important to note that Sharia is subject to varying interpretations and adaptations based on time and place. Additionally, the Taliban's actions, such as shooting protesters and enforcing dress codes for women, are violations of Sharia law, which prioritizes the right to life and forbids taking a life except in specific circumstances.

Islamic law permits abortion in the first 120 days of pregnancy, or if the mother's life is at risk

Islamic law, or Sharia, is a set of principles and laws that guide Muslims toward living an Islamic life based on the Quran and the teachings of the Prophet Muhammad. Interpretations of Sharia vary across locations and cultures, and this is reflected in the differing abortion laws of Muslim-majority countries.

According to Islamic scholars, the ensoulment of a foetus occurs 120 days into a pregnancy, or just over 17 weeks. Prior to this point, abortion is permissible under certain circumstances. After this point, abortion is only allowed if the mother's life is endangered.

The majority of scholars agree that the termination of a pregnancy is allowed before ensoulment, and that after this point, abortion becomes forbidden, even in the presence of foetal abnormalities. However, an exception is made if the mother's life is at risk, or if there is confirmed intrauterine death.

In addition to the above circumstances, some Islamic scholars also permit abortion in cases of rape, incest, fetal impairment, and socio-economic factors.

In Afghanistan, abortion is illegal unless the mother's life is at risk, or the baby will be born with severe disabilities. This legislation is influenced by Islamic law, as Article 3 of Chapter 1 outlines that no law in Afghanistan should contradict Islam.

It is important to note that while Islamic law permits abortion in the specified circumstances, the views on abortion within the Muslim community are diverse and complex, with some Muslims considering abortion to be wrong and "haram" (forbidden).

Sharia is a set of guidelines relating to personal conduct, and is adaptable to time and place

Sharia is not a static set of rules, but rather a dynamic and interpretive tradition that has evolved over time. It is not a legal system, but rather a moral and religious framework that serves as a guide for Muslims in their personal lives and religious practices. The interpretations and applications of Sharia have varied across history and continue to change today.

While some critics argue that Sharia is a threat to modern legal regimes and Western values, others emphasize its adaptability and compatibility with modern contexts. Sharia is not imposed uniformly across Muslim-majority countries, and there is significant diversity in how governments interpret and apply it.

In the context of abortion, Sharia is far more egalitarian and progressive than many anti-abortion laws. Abortion is generally considered permissible under Sharia within the first 120 days of pregnancy or if the mother's life is at risk. The threshold of 120 days is based on the Islamic belief that a fetus does not become ensouled before that point.

Even within the strictest interpretations of Sharia, exceptions are made for the pregnant person's wellbeing. This stands in contrast to some state laws in the US that impose stringent restrictions on abortion, often without exceptions for the mother's health or cases of rape or incest.

It is important to note that the comparison between abortion laws and Sharia is complex and influenced by various cultural, religious, and political factors. The relationship between Sharia and abortion laws in Muslim-majority countries is nuanced, with some countries permitting abortion for a range of reasons, while others have stricter limitations.

Abortion laws in Muslim-majority countries are influenced by Western legal codes

Abortion laws in Muslim-majority countries are influenced by a variety of factors, including Western legal codes adopted during the post-colonial era. While Islamic jurisprudence does not encourage abortion, there is no direct biblical prohibition in the Quran or Sunnah, the two most authoritative biblical sources. The interpretation of these texts varies, and abortion laws in Muslim-majority countries reflect this diversity.

In some countries, abortion is permitted for any reason within the first three months of pregnancy, such as in Tunisia, or up to 10 weeks, as in Turkey. Other countries, like Indonesia and Iran, allow abortion to save the mother's life, while Saudi Arabia and Pakistan permit it on health or therapeutic grounds. However, some countries, like Iraq and Egypt, have banned abortions altogether.

The variability in abortion laws within Muslim-majority countries is influenced by various factors, including the interpretation of Islamic texts, cultural and social norms, and the structure of the legal system. For example, Iran's legal system is based exclusively on Sharia Law, while Saudi Arabia combines Sharia Law with civil or common law. On the other hand, Turkey's legal system is not formally based on Sharia Law.

The lack of a clear prohibition on abortion in the Quran and Sunnah allows for more lenient interpretations, which have been used to support abortion rights in specific circumstances. For instance, abortion is often considered permissible to protect the life or health of the pregnant woman or in cases of fetal impairment. Additionally, other Islamic principles, such as utility (public interest) and equity (a just solution), have been invoked to justify abortion rights.

While abortion laws in Muslim-majority countries are influenced by Islamic teachings and local factors, they also reflect the adoption of Western legal codes during the post-colonial era. This has resulted in a diverse range of abortion laws across these countries, with some being more restrictive and others more permissive.

The Taliban's actions, such as shooting protesters, violate Sharia law

Sharia law, or Islamic law, is a set of principles and laws that guide Muslims toward living an Islamic life based on the Quran and the teachings of the Prophet Muhammad. Interpretations of Sharia vary across locations and cultures.

In Afghanistan, the Taliban's interpretation of Sharia law has led to the implementation of strict guidelines regulating various aspects of daily life. One example is Article 17, which prohibits the publication of images of living beings, including people and animals. This restriction has led to concerns within the media, as it is unclear how these rules will be enforced.

The Taliban's actions, such as shooting protesters, contradict the principles of Sharia law. Under Sharia law, the method used to safeguard the public interest and avoid vice is munasaha, or advice and counsel, established by the Prophet Muhammad. This method does not include the use of violence or force.

Additionally, the Taliban's interpretation of Sharia law has been criticised for its repressive nature, particularly regarding women's rights. For example, the Taliban has banned women from attending university, mandated the covering of women's faces and bodies in public, and prohibited women from traveling or working without a male relative as a chaperone. These interpretations of Sharia law have been described as "ultra-conservative" and "extreme".

Furthermore, the Taliban's judicial system, based on a strict interpretation of Sharia law, has been characterised by a lack of due process, with punishments including execution, mutilation, and public floggings. This stands in contrast to the principles of Sharia law, which emphasise advice and counsel over harsh punishments.

The Taliban's actions, such as shooting protesters, are not aligned with the spirit of Sharia law, which calls for a more moderate and compassionate approach to governance and the resolution of disputes. While the Taliban may claim to uphold Sharia law, their interpretations and actions often violate its fundamental principles.

Abortion bans in the US are driven by the Christian right, not Sharia

In the wake of the US Supreme Court's decision to overturn Roe v. Wade, critics have drawn comparisons between abortion bans in the United States and the Taliban's Islamic law, or Sharia. However, this notion has been deemed offensive and inaccurate by Muslims, who assert that abortion bans in the US are driven by the Christian right, not Sharia law.

Under most interpretations of Islamic law, abortion is permitted within the first 120 days, or until the point of ensoulment, which is believed to occur at around 17 weeks. After this period, abortion is still allowed if the mother's life is in danger or in cases of necessity, such as rape or economic hardship. In contrast, some American states have implemented stricter abortion laws than Afghanistan, which permits abortion if the mother's life is at risk or if the child will be born with severe disabilities.

The Muslim activist Daisy Khan, founder of the Women's Islamic Initiative in Spirituality and Equality, expressed concern about the impact of US abortion policy on women's rights globally. She highlighted the irony of the US advocating for women's rights in other countries while simultaneously restricting American women's reproductive rights. Khan also pointed out that strict anti-abortion laws in states like Alabama and Texas impose Christian beliefs on religious minorities in the US.

Muslim scholars prioritize women's physical and mental health when considering the issue of abortion. They argue that a woman's overall wellbeing, including her mental and physical health, must be the primary consideration. This perspective is shared by many Muslim Americans, who find comfort in their faith when making reproductive decisions.

While some critics have attempted to draw parallels between abortion restrictions in the US and Islamic conservatism, these comparisons overlook the complexity of Muslim-American opinions on abortion. Polls show that Muslim Americans are divided on the issue, with 56% believing that abortion should be legal in all or most cases. Furthermore, the history of religious influence on abortion politics in the US is largely shaped by evangelical and Catholic traditionalism, rather than Islamic law.

In conclusion, the push for abortion bans in the US is driven by the Christian right, specifically by religious-right groups seeking to advance their policy agenda through judicial appointments and legislative action. These efforts have resulted in strict abortion laws that go beyond what is prescribed by Sharia law, and they impose Christian beliefs on religious minorities in the country.

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