Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1000-1013 |
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Askaroghli M, Nikkhah Sarnaghi R, Javid E. Iran's Criminal Policy on Abortion with Emphasis on the Performance of the Iraqi and Syrian Governments within the Framework of the Rule of Law. MLJ 2025; 19 (60) :1000-1013
URL: http://ijmedicallaw.ir/article-1-1996-en.html
URL: http://ijmedicallaw.ir/article-1-1996-en.html
1- Department of Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2- Department of Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran.
2- Department of Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran.
Abstract:
Background and Aim: Intentional actions aimed at ending a pregnancy that has not yet developed are called abortion. In general, this practice is not condemned, but there are different legal perspectives on this matter. In this study, preventive measures against abortion have been studied within the framework of the important principle of the rule of law in the three countries of Iran, Iraq and Syria.
Method: This study was conducted using an analytical-descriptive method and its aim is to study the criminal policy of the governments of Iran, Iraq and Syria regarding abortion.
Ethical Considerations: This research is written entirely within the framework of ethics, Sharia and the principles and rules of research in the science of law.
Results: It was concluded that in Iraq and Syria, a penal punishment has been imposed for abortion and compared to the penal policy in our country, which only considers blood money as a punishment for abortion, there has been criticism that the punishment for this crime is not deterrent. In terms of preventive measures, the Syrian government has taken appropriate information measures in different eras, which are considered preventive in their own right. However, in recent years, the weakness in executive coordination is considered a weak point of the government's performance. In Iraq, monitoring the sale of abortion devices and also selecting the most appropriate managers in this regard is commendable, but the wrong executive procedure of this country's government has reduced the deterrent aspect. In Iran, a penal punishment has been imposed specifically for the perpetrators of this act, but the punishment for the parents of the fetus is only the payment of blood money, which is not considered a deterrent.
Conclusion: The final conclusion is that combating abortion is not a priority in the criminal policies of Iran, Iraq and Syria and each of them has in some way irresolvable weaknesses that have led to the spread of abortion. It seems that in our country, combating the sale of abortion devices and appointing a special judicial officer can greatly reduce this crime and there is a need to explain the implementation procedure in this regard.
Please cite this article as:
Askaroghli M, Nikkhah Sarnaghi R, Javid E. Iran's Criminal Policy on Abortion with Emphasis on the Performance of the Iraqi and Syrian Governments within the Framework of the Rule of Law. Medical Law Journal. 2025; 19: e66.
Method: This study was conducted using an analytical-descriptive method and its aim is to study the criminal policy of the governments of Iran, Iraq and Syria regarding abortion.
Ethical Considerations: This research is written entirely within the framework of ethics, Sharia and the principles and rules of research in the science of law.
Results: It was concluded that in Iraq and Syria, a penal punishment has been imposed for abortion and compared to the penal policy in our country, which only considers blood money as a punishment for abortion, there has been criticism that the punishment for this crime is not deterrent. In terms of preventive measures, the Syrian government has taken appropriate information measures in different eras, which are considered preventive in their own right. However, in recent years, the weakness in executive coordination is considered a weak point of the government's performance. In Iraq, monitoring the sale of abortion devices and also selecting the most appropriate managers in this regard is commendable, but the wrong executive procedure of this country's government has reduced the deterrent aspect. In Iran, a penal punishment has been imposed specifically for the perpetrators of this act, but the punishment for the parents of the fetus is only the payment of blood money, which is not considered a deterrent.
Conclusion: The final conclusion is that combating abortion is not a priority in the criminal policies of Iran, Iraq and Syria and each of them has in some way irresolvable weaknesses that have led to the spread of abortion. It seems that in our country, combating the sale of abortion devices and appointing a special judicial officer can greatly reduce this crime and there is a need to explain the implementation procedure in this regard.
Please cite this article as:
Askaroghli M, Nikkhah Sarnaghi R, Javid E. Iran's Criminal Policy on Abortion with Emphasis on the Performance of the Iraqi and Syrian Governments within the Framework of the Rule of Law. Medical Law Journal. 2025; 19: e66.
Type of Study: Original Article |
Received: 2025/05/19 | Accepted: 2025/09/27
Received: 2025/05/19 | Accepted: 2025/09/27
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