Defining the Beginning of Human Life: Embryo Status and Abortion in Islamic and Jewish Legal Traditions

The question of when human life begins is one of the fundamental issues at the intersection of religious ethics, law, and bioethics. This article examines the legal status of the embryo and abortion in Islamic and Jewish legal traditions through a comparative approach. The study analyzes primary religious sources, including the Qur’an and Hadith in Islam and the Torah and Talmud in Judaism, together with classical legal interpretations and contemporary scholarly debates. Using a comparative legal and textual methodology, it explores key concepts such as the gradual status of the fetus and ensoulment in Islamic law, as well as the position and legal status of the fetus in Jewish law. The findings indicate that both traditions regard the embryo as a developing form of human life worthy of protection, yet they differ regarding the stage at which full legal and moral status is attained. In Islamic law, fetal protection acquires greater significance following ensoulment, while contemporary discussions increasingly emphasize the importance of fertilization. In Jewish law, full legal personhood is generally associated with birth, and the fetus is understood primarily in relation to the mother. These differing approaches lead to distinct legal outcomes in matters such as maternal health and fetal abnormalities. The study concludes that, despite their differences, both traditions seek to balance the protection of fetal life with the preservation of the mother’s life and well-being.