Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 474-489 |
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:
Moghadasian D, Shojaei A, Saieni M H. Abortion from the Point of View of Jurisprudence and Law in the
Light of the Rule of Hardship and Difficulty. MLJ 2023; 17 (58) :474-489
URL: http://ijmedicallaw.ir/article-1-1654-en.html
URL: http://ijmedicallaw.ir/article-1-1654-en.html
1- Department of Quran and Hadith Sciences, Zanjan Branch, Islamic Azad University, Zanjan, Iran.
2- Department of Quran and Hadith Sciences, University of Mohaghegh Ardabili, Ardabil, Iran.
3- Department of Religions and Mysticism, Zanjan Branch, Islamic Azad University, Zanjan, Iran., Islamic Azad university
2- Department of Quran and Hadith Sciences, University of Mohaghegh Ardabili, Ardabil, Iran.
3- Department of Religions and Mysticism, Zanjan Branch, Islamic Azad University, Zanjan, Iran., Islamic Azad university
Abstract:
Background and Aim: Abortion is one of the topics that, in addition to the medical and moral dimensions, is also a point of discussion and disagreement from the point of view of jurisprudence and law. The purpose of the article is to examine abortion from the point of view of jurisprudence and law in the light of the rule of hardship and difficulty.
Methods: This paper is descriptive and analytical applying library method.
Ethical Considerations: In the present paper, the originality of the texts, honesty and trustworthiness are observed.
Results: From the point of view of jurisprudence, the life of the fetus can be divided into two periods before and after the birth of the soul. Abortion is not permissible after the soul is breathed in, but abortion before the soul is breathed in is permissible under certain conditions. According to jurisprudence, the same point of view prevails in the subject law. From the point of view of jurisprudence and law, if there is an imperfect fetus and there is a risk to the mother's health, as well as extreme difficulty for her, it can be considered permissible to abort the fetus by resorting to the rule of hardship and difficulty. Of course, in Iranian law, with the approval of the law to protect the youth of the population, it has become very difficult to resort to the rule of no hardship and difficulty in permitting abortion due to fetal defects and the risk to the mother's health.
Conclusion: It is necessary for the legislator to have a broader approach and interpretation of the rule of hardship and difficulty and prevent the birth of disabled babies, which create very difficult conditions for parents. Also, regarding the difficulties that threaten the mother's health, a more realistic approach should be adopted so that this issue is not completely limited by the influence of population growth policies.
Please cite this article as:
Moghadasian D, Shojaei A, Saieni MH. Abortion from the Point of View of Jurisprudence and Law in the Light of The Rule of Hardship and Difficulty. Medical Law Journal. 2023; 17(58): e33.
Methods: This paper is descriptive and analytical applying library method.
Ethical Considerations: In the present paper, the originality of the texts, honesty and trustworthiness are observed.
Results: From the point of view of jurisprudence, the life of the fetus can be divided into two periods before and after the birth of the soul. Abortion is not permissible after the soul is breathed in, but abortion before the soul is breathed in is permissible under certain conditions. According to jurisprudence, the same point of view prevails in the subject law. From the point of view of jurisprudence and law, if there is an imperfect fetus and there is a risk to the mother's health, as well as extreme difficulty for her, it can be considered permissible to abort the fetus by resorting to the rule of hardship and difficulty. Of course, in Iranian law, with the approval of the law to protect the youth of the population, it has become very difficult to resort to the rule of no hardship and difficulty in permitting abortion due to fetal defects and the risk to the mother's health.
Conclusion: It is necessary for the legislator to have a broader approach and interpretation of the rule of hardship and difficulty and prevent the birth of disabled babies, which create very difficult conditions for parents. Also, regarding the difficulties that threaten the mother's health, a more realistic approach should be adopted so that this issue is not completely limited by the influence of population growth policies.
Please cite this article as:
Moghadasian D, Shojaei A, Saieni MH. Abortion from the Point of View of Jurisprudence and Law in the Light of The Rule of Hardship and Difficulty. Medical Law Journal. 2023; 17(58): e33.
Keywords: Abortion, the Rule of Hardship and Difficulty, Mother's Health, Imperfection, Soul Blowing.
Subject:
Special
Received: 2023/04/28 | Accepted: 2023/07/1
Received: 2023/04/28 | Accepted: 2023/07/1
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
