Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 690-705 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Firoozpoor Bandpey T. The Role of La-Haraj (non-Harmful) and Zarar (La-Harmless) Rules in Abortion Due to Adultery and Rape. MLJ 2023; 17 (58) :690-705
URL: http://ijmedicallaw.ir/article-1-1081-en.html
URL: http://ijmedicallaw.ir/article-1-1081-en.html
Instructor, Department of Jurisprudence and Fundamentals of Islamic Law, Babol Branch, Islamic Azad University, Babol, Iran.
Abstract:
Background and Aim: Abortion refers to the termination of pregnancy before the fetus is capable of survival outside the mother's body. Abortion is forbidden by religion, whether it is caused after marriage, adultery or rape. The reason for this is the emergence of the Shari’ a ruling. The research shows after the enactment of Medical Abortion Law and the issuing permission for those cases approved by three qualified physicians, the death rate of women due to illegal abortions has been reduced significantly. As this law does not cover women who are raped, it is necessary to study the various aspects of pregnancy after rape and the use of jurisprudential rules (hardship and no harm rules).
Method: The research method is descriptive-analytical and the information gathering method is library-based and has been done by referring to books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: Examination of these rules shows that the legislating body, using the jurisprudential and legal capacities of these two laws, can revise the legal provisions of abortion in case the embarrassment of rape victims is proved. The result is that hardship will not cause abortion.
Conclusion: While the hardship will not cause abortion, the no harm rule will still govern the religious prohibition of abortion, whether the pregnancy is initiated according to religion or through adultery and rape.
Please cite this article as:
Firoozpoor Bandpey T. The Role of La-Haraj (Non-Harmful) and Zarar (La-Harmless) Rules in Abortion Due to Adultery and Rape. Medical Law Journal. 2023; 17(58): e47.
Method: The research method is descriptive-analytical and the information gathering method is library-based and has been done by referring to books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: Examination of these rules shows that the legislating body, using the jurisprudential and legal capacities of these two laws, can revise the legal provisions of abortion in case the embarrassment of rape victims is proved. The result is that hardship will not cause abortion.
Conclusion: While the hardship will not cause abortion, the no harm rule will still govern the religious prohibition of abortion, whether the pregnancy is initiated according to religion or through adultery and rape.
Please cite this article as:
Firoozpoor Bandpey T. The Role of La-Haraj (Non-Harmful) and Zarar (La-Harmless) Rules in Abortion Due to Adultery and Rape. Medical Law Journal. 2023; 17(58): e47.
Type of Study: Original Article |
Received: 2020/02/22 | Accepted: 2020/05/18
Received: 2020/02/22 | Accepted: 2020/05/18
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
