Document Type : Original Article
Authors
1
Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Islamic Azad University, Semnan Branch, Semnan, Iran
2
PhD Student of Private Law, Islamic Azad University, Semnan Branch, Semnan, Iran;
Abstract
The right to health is a fundamental human right rooted in the right to life. In the Islamic legal system, this right takes precedence over other rights and obligations due to the necessity of preserving life. One aspect of the right to health for citizens is the right to reproductive health for women. Given that women's health is considered an indicator of a country's development, governments are obligated to ensure women's reproductive health. The Iranian legal system also places a particular emphasis on the health of pregnant mothers. The enactment of the Law on Family Protection and Population Rejuvenation, which implicitly adopts a health-centric approach, is a significant step towards ensuring women's reproductive health. This research, using a descriptive and analytical method, delves into the foundations of Imamiyyah (Shi'a) jurisprudence regarding maternal reproductive health, and analyzes existing laws to elucidate the status of the right to the physical and mental health of pregnant mothers as a civil right. Findings indicate that the right to maternal reproductive health has solid foundations in Imamiyyah jurisprudence. The preservation of human dignity, justice-centricity, the prohibition of harm to others, and the negation of hardship and embarrasment are among the most important jurisprudential foundations of the right to reproductive health. An analysis of the foundations of the Law on Family Protection and Population Rejuvenation suggests that the Iranian legislature has been attentive to principles such as dignity, justice, the prohibition of harm to others, and the negation of hardship and embarrasment.
This research, with a descriptive and analytical method, while examining the legal foundations of Imamia regarding maternal reproductive health, analyzed some existing laws to explain the position of the right to the physical and mental health of pregnant mothers as one of the citizenship rights. The results of the conducted studies indicate that the right to reproductive health of the mother has valid foundations in Imami jurisprudence. Preservation of human dignity, central justice, prohibition of harm and negation of hardship and embarrassment are among the most important jurisprudential foundations of the right to reproductive health. The basic analysis of the articles of the Family and Youth Protection Law also indicates the legislator paid attention to principles such as dignity, justice, negation of harm to others, and negation of hardship and embarrassment. .
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