In most countries where Islam is acknowledged as a, or the, source of legislation, abortion is permitted under certain conditions and at certain stages of pregnancy. This article examines some of these laws and argue that they represent a continuation of the logic that governed the views of pre-modern Muslim jurists on abortion, that is, harm aversion. However, these laws also add a ‘modernist’ twist to that logic – rather than repealing that logic altogether, modernist views on ‘rights’ and the (...) advancement of medical knowledge and technology have influenced the priorities of Muslim jurists and lawmakers as far as abortion and the issues associated with it are concerned. This influence has furthermore been possible by a conscious selection and blending of pre-modern views to serve modern concerns. In all this, however, harm aversion remains the centrifugal principle, even when the abortion discourse in Muslim countries appears couched in the modernist discourse of rights. (shrink)

In a landmark 1994 case, the Court of Justice of the European Union ruled that individuals had the right to ask for Internet links that contained certain information about them to be delisted by search engines. This came to be known as the “right to be forgotten.” This paper discusses the extent to which this right is consistent with the Islamic tradition. Following an overview of some aspects of the right to be forgotten and why it is endorsed in the (...) European Union with its emphasis on privacy but not in the USA with its exaltation of free speech, the paper discusses two related issues: (1) elements in the Islamic tradition potentially conducive to endorsing a particular understanding of the right to be forgotten and (2) some possible obstacles from that tradition that could challenge the recognition of this right from an Islamic perspective. The paper concludes that despite some challenges, including Qur’anic verses and certain views, activities, and institutions, the right to be forgotten is defendable from within the Islamic tradition by reference to the principle of _satr_, which breaches that one should not seek to publicize personal information that causes harm to other people or even to oneself. The paper seeks to contribute to discussions on this new right by showing what a religious tradition such as Islam can offer to them. (shrink)