France Makes Abortion a Constitutional Right: A Critique on the Secular Social System

On March 4th, France garnered international attention by enacting an amendment to its constitution, becoming the first country to enshrine the right to abortion within its legal framework. This development has been lauded by many as a significant triumph for feminism and was endorsed as a point of national pride by French President Emmanuel Macron. However, we can confidently argue that this legislative action represents not progress but rather a regression in terms of women's rights and exposes the rotten principles of the secular social system.

The secular social system, characterized by a lack of a correct and comprehensive framework for regulating gender dynamics within society, is founded on the premise of unrestricted fulfilment of the procreation instinct. This approach stems from the belief that happiness is determined by the pursuit of pleasure, as articulated by the philosopher Jeremy Bentham. Bentham posited that pleasure and pain are the primary factors influencing utility, with happiness arising from the presence of pleasure and the absence of pain. However, such an interpretation of happiness together with the idea that the sovereignty in deciding how the procreation instinct should be satisfied, is left to the people to decide, leads to adverse consequences, including societal discord and suffering.

According to a comprehensive EU-wide survey conducted by the European Union Agency for Fundamental Rights (FRA), alarming statistics reveal the prevalence of physical and/or sexual violence against women. The survey indicates that one in three women has encountered such violence at least once since reaching the age of 15.

Furthermore, 22% of women have endured physical or sexual abuse at the hands of a partner, and 5% have been subjected to rape. Additionally, an unsettling one in two women has experienced sexual harassment. Notably, within France, the figures indicate that between 20% and 29% of women have encountered physical and/or sexual violence perpetrated by a current or former partner.

Moreover, the share of unintended pregnancies ending in abortion remained consistent at around 38%. In 2015–2019, there were a total of 2,770,000 pregnancies annually in Western Europe, with 990,000 pregnancies classified as unintended, of which 377,000 ended in abortion.

These findings emphasize the shortcomings of the secular social system and undermine the credibility of the feminist movement. France's decision to incorporate abortion rights into its constitution does little to address the societal challenges it faces. Instead, it perpetuates chaos and suffering while exposing women to increased risks of danger and sexual harassment. By endorsing unrestricted sexual activity and normalizing unintended pregnancies, France is promoting a culture where abortion is viewed as the primary solution.

Islam on the other hand, offers a comprehensive and correct social system that defines the relationship between women and men according to the Sharia law. In this law women and men are considered equal in their human dignity and spiritual worth, however they have distinct roles prescribed. Women are respected as mothers, wives, and individuals, with rights and protections outlined in Islamic jurisprudence.

The interaction between men and women is regulated to maintain modesty and prevent situations that may lead to sinful behaviour, such as the sexual intercourse without marriage. Overall, the Islamic social system promotes harmony and cooperation between men and women within the framework of Islamic values and principles.

It is only through the implementation of the Islamic social system that women can be protected from the violence, abuse and harassment against them. It is Islam that brings harmony in the relationship between women and men through marriage. And it is Islam that makes abortion an exception, rather than the norm.

It is Islam that takes the natural aim of the procreation instinct, the continuation of the human race, as the main goal of this instinct. This shows that the Islamic point of view as being one of purity, righteousness and chastity, bringing about tranquillity of the human being.

[يَا أَيُّهَا النَّاسُ اتَّقُواْ رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالاً كَثِيرًا وَنِسَاء وَاتَّقُواْ اللّهَ الَّذِي تَسَاءلُونَ بِهِ وَالأَرْحَامَ إِنَّ اللّهَ كَانَ عَلَيْكُمْ رَقِيبًا]

“O mankind! Be dutiful to your Lord, Who created you from a single person, (Adam) and from him He created his wife and from them both He created many men and women and fear Allah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever an All-Watcher over you.” [Surah An-Nisa: 1]

Written for the Central Media Office of Hizb ut Tahrir by
Sumaya Bint Khayyat