Abortion from the Perspective of Medicine, Jurisprudence and Criminal law in the Light of Mother's Health

Moghadasian, Delara; Shojaei, Ahmad; Saieni, Mohammad Hossein

doi:10.22034/jccj.2022.377682.1155

Abortion from the Perspective of Medicine, Jurisprudence and Criminal law in the Light of Mother's Health

Document Type : Original Article

Authors

Delara Moghadasian ¹

Ahmad Shojaei ²

Mohammad Hossein Saieni ³

¹ Ph.D Student, , Department of Quran and Hadith Science, Zanjan Branch, Islamic Azad University, Zanjan, Iran.

² Associate Professor, Department of Quranic and Hadith Sciences, Mohaghegh Ardabili University, Ardabil, Iran. (Corresponding Author)

³ Assitant Professor, Department of Religions and Mysticism, Zanjan Branch, Islamic Azad University, Zanjan, Iran.

10.22034/jccj.2022.377682.1155

Abstract

Abortion is one of the important issues that has always been the subject of debate and disagreement. The purpose of this article is study on the conditions of abortion from the perspective of medicine, jurisprudence and criminal law in the light of mother's health. The findings indicate that from the medical point of view, if the health of the mother or the fetus is in danger, it is necessary to perform a therapeutic abortion. In Islamic jurisprudence, jurists have unanimously considered abortion to be a sin and prohibited, and abortion is also prohibited in Iranian criminal law. The the health and distress of the mother is most important condition for the permission of abortion in jurisprudence. From a jurisprudential point of view, if the mother's life is in danger, to abort the fetus before the soul is breathed into the body, citing jurisprudential rules La-Zarar is permissible. The health of the mother is also mentioned in the law as one of the conditions for abortion. In the Family and Youth Protection Law, the conditions of abortion are limited, and cases such as mother's harassment must be determined by the judge, and the mother's request for harassment is not enough.

Keywords

Abortion

Mother's Health

Soul Breathing in the Body

Hardship and Severe Hardship