Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 140-152 |
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Mazloumzadeh A. Confrontation between the Life and Health of the Mother and the Fetus from the Perspective of Jurisprudence and the Law of
Family Support and the Youth of the Population. MLJ 2023; 17 (58) :140-152
URL: http://ijmedicallaw.ir/article-1-1624-en.html
URL: http://ijmedicallaw.ir/article-1-1624-en.html
Department of Jurisprudence and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Abortion is one of the problems in many societies, which has always been the subject of debate and disagreement in Iran. The purpose of this article is to examine the question of whether abortion is permissible from the point of view of jurisprudence and law in situations of danger to the mother's health. In other words, how can the clash of life and health of mother and fetus are analyzed from the perspective of jurisprudence and the law of family support and the youth of the population?
Methods: The present paper is descriptive and analytical using the library method.
Ethical Considerations: In all stages of writing the present study, the originality of the texts, honesty and trustworthiness have been respected.
Results: The findings of the article indicate that there is no difference of opinion among jurists regarding the conflict between the life and health of the mother and the fetus, but the view of the majority of jurists is to protect the health of the mother. Based on this, in the situation of hardship and embarrassment and danger to the mother's health, saving the mother's life is a priority. From the point of view of the Family and Youth Protection Law, when the condition of the mother becomes unstable, such as in cases where, according to the doctor's opinion, the survival of the pregnancy causes the death of the mother, this condition can be carried to the state of necessity; Because the life and life of a person who currently exists abroad is at risk.
Conclusion: The youth plan of the population has practically limited the conditions of abortion in case of conflict between the health of the mother and the fetus to the fatal cases of the diseases and has eliminated the cases with very difficult treatment which usually cause embarrassment. In this way, it has complicated the controversy and deprived the mother of the right to choose not to give birth to a baby with abnormality through difficult treatments.
Please cite this article as:
Mazloumzadeh A. Confrontation between the Life and Health of the Mother and the Fetus from the Perspective of Jurisprudence and the Law of Family Support and the Youth of the Population. Medical Law Journal. 2023; 17(58): e12.
Methods: The present paper is descriptive and analytical using the library method.
Ethical Considerations: In all stages of writing the present study, the originality of the texts, honesty and trustworthiness have been respected.
Results: The findings of the article indicate that there is no difference of opinion among jurists regarding the conflict between the life and health of the mother and the fetus, but the view of the majority of jurists is to protect the health of the mother. Based on this, in the situation of hardship and embarrassment and danger to the mother's health, saving the mother's life is a priority. From the point of view of the Family and Youth Protection Law, when the condition of the mother becomes unstable, such as in cases where, according to the doctor's opinion, the survival of the pregnancy causes the death of the mother, this condition can be carried to the state of necessity; Because the life and life of a person who currently exists abroad is at risk.
Conclusion: The youth plan of the population has practically limited the conditions of abortion in case of conflict between the health of the mother and the fetus to the fatal cases of the diseases and has eliminated the cases with very difficult treatment which usually cause embarrassment. In this way, it has complicated the controversy and deprived the mother of the right to choose not to give birth to a baby with abnormality through difficult treatments.
Please cite this article as:
Mazloumzadeh A. Confrontation between the Life and Health of the Mother and the Fetus from the Perspective of Jurisprudence and the Law of Family Support and the Youth of the Population. Medical Law Journal. 2023; 17(58): e12.
Type of Study: Original Article |
Received: 2023/03/18 | Accepted: 2023/05/13
Received: 2023/03/18 | Accepted: 2023/05/13
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