Financial Rights of the Fetus from the Perspective of Imami Jurisprudence, Egyptian Law, and Hanafi Jurisprudence

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Shobeiri Zanjani Seyed Hasan; Bayani Abdulaziz

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Journal Paper

Paper Information

Journal: CONTEMPORARY ISLAMIC LAW DEBATE Year:2024 | Volume:2 | Issue:4 Page(s): 265-287

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Information Journal Paper

Title

Financial Rights of the Fetus from the Perspective of Imami Jurisprudence, Egyptian Law, and Hanafi Jurisprudence

Author(s)

Shobeiri Zanjani Seyed Hasan | Bayani Abdulaziz | Issue Writer Certificate

Keywords

fetal rights

civil rights

fetal inheritance

bequest for the fetus

Egyptian law

Afghan law

Abstract

In legal and jurisprudential literature, the term "fetus" or "haml" refers to the earliest stage of human existence and life within the mother's womb. Given that the fetus, due to its unique condition and position, is more vulnerable to harm than at any other time and has received relatively little attention in research, this study adopts a comparative approach, utilizing library-based sources, to address this topic. The findings are as follows: According to Imami jurisprudence, Egyptian law, and Afghan law, the fetus is recognized as having conditional legal personality and enjoys similar civil financial rights across all three legal systems. However, minor differences are evident. The financial rights unanimously recognized in Imami jurisprudence, Egyptian law, and Afghan law include the fetus's right to inherit and to be a beneficiary of a will. Additionally, from the perspective of some Imami jurists and Afghan law, the fetus can also benefit from financial rights through endowment (waqf). A fetus resulting from artificial insemination, if conceived from the sperm and egg of a married couple, is subject to all the legal rulings and consequences applicable to a naturally conceived fetus. The most significant conditions for the fetus to enjoy civil financial rights are its existence at the time the right is established and its being born alive.

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