نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Abortion entails legal consequences that extend beyond criminalization and punishment into the realms of civil liability and financial obligations arising from harm. Terminating a pregnancy can result in physical, psychological, or financial injury to the mother;furthermore, the termination of the fetus raises issues regarding financial rights stemming from the act itself, as well as the determination of who bears liability for *diya* (blood money) or compensation—particularly in cases involving multiple parties or professional negligence.Legal approaches to these matters differ between Iranian and Iraqi law:Iranian law employs a detailed regulatory framework for fetal*diya*linked to stages of fetal development, whereas Iraqi law relies more heavily on general principles of civil liability,specifically regarding the definition of compensable harm, causation, and the party liable for redress.This research employs a comparative, descriptive-analytical methodology, examining the provisions governing fetal*diya*and liability for abortion in Iranian law and contrasting them with Iraqi rules concerning tortious acts,compensation, and relevant legal provisions.It also addresses the impact of direct action, causation, fault, duress, and*force majeure*on determining liability, while paying special attention to medical liability, insurance coverage, and specific compensation schemes.The study concludes that the single event of abortion does not necessarily equate to a single form of harm;the financial right associated with the loss of the fetus differs in nature from compensation for injuries sustained by the mother.A notable disparity between the two systems regarding financial redress mechanisms also emerged:the Iranian framework provides highly detailed regulations for fetal *diya*,whereas the Iraqi system affords greater scope for the application of general legal principles and judicial discretion.The research recommends developing Iraqi regulations regarding the financial consequences of fetal loss and establishing clearer standards for the liability of those involved in the abortion process,while legislatively distinguishing between the harm suffered by the mother and the financial impact resulting from the loss of the fetus.
کلیدواژهها English