A Comparative Study of Women’s Right to Reproduction from the Perspective of Islamic Legal Thought and the Feminist Movement

Abstract

Women’s right to reproduction constitutes one of the fundamental concepts in contemporary legal, ethical, and social discourses, situated at the intersection of individual autonomy, reproductive health, and cultural–religious structures. This article aims to conduct a comparative examination of women’s reproductive rights from the perspective of Islamic legal thought and the feminist movement, seeking to present a multi-layered understanding of this right through conceptual analysis, the review of authoritative sources, and the assessment of legal and ethical challenges. In this study, the concept of the right to reproduction is first comprehensively defined and subsequently analyzed from the viewpoints of human rights, individual rights, and bioethics. Thereafter, the status of women within Islamic legal thought is examined with reference to jurisprudential sources, exegetical literature, and contemporary legal opinions, while, in contrast, the diverse perspectives of the feminist movement concerning bodily autonomy, freedom of choice, and the critique of patriarchal structures are analyzed. The comparative analysis section of the article explores the similarities and differences between the two approaches in areas such as women’s autonomy in decision-making, the role of the family and the state, and particular circumstances including singleness or assisted reproduction, thereby revealing the legal and ethical challenges inherent in each approach. The findings indicate that despite their epistemological differences, both perspectives possess significant capacities for dialogue and convergence in supporting women’s dignity and their right to make reproductive choices. The research methodology adopted in this article is descriptive–analytical, based on library research and authoritative academic sources, and the study has sought to ensure originality and scholarly rigor in its composition.