A Comparative Study of Women's Right to Procreate from the Perspective of the Islamic Legal School and the Feminist Movement

Abstract

Women's right to procreate is one of the fundamental concepts in contemporary legal, moral, and social discourses that is at the intersection of individual autonomy, reproductive health, and cultural and religious structures. This article aims to comparative study women's right to procreate from the perspective of Islamic legal school and the feminist movement, and attempts to present a multi-layered picture of this right by analyzing theoretical concepts, examining reliable sources, and assessing legal and ethical challenges. In this study, the concept of procreate is first defined comprehensively and then analyzed from the perspective of human rights, individual rights, and bioethics. Next, the position of women in Islamic legal school is examined with reference to contemporary jurisprudential, interpretative, and fatwa sources, and in contrast, the diverse views of the feminist movement on bodily autonomy, freedom of choice, and criticism of patriarchal structures are analyzed. The comparative analysis section of the article examines the similarities and differences between the two perspectives in areas such as women's independence in decision-making, the role of the family and the state, and special circumstances such as celibacy or artificial insemination, and reveals the legal and ethical challenges of each approach. The findings of the article show that both perspectives, despite their epistemological differences, have the potential for dialogue and convergence in supporting women's dignity and their right to choose in the field of reproduction. The research method in this article is descriptive-analytical and based on library studies and reliable scientific sources, and an attempt has been made to present a written and defensible text by observing the principle of emulation.