Volume 15, Issue 56 (4-2021)                   MLJ 2021, 15(56): 801-816 | Back to browse issues page

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Ajori Aysak A, Rezaei F. Jurisprudential feasibility of eliminate the time limit of anencephalic abortion license. MLJ. 2021; 15 (56) :801-816
URL: http://ijmedicallaw.ir/article-1-1107-en.html
1- Department of Law, Faculty of Literature and Humanities, University of Birjand, Birjand, Iran
2- Ferdowsi University of Mashhad, Mashhad, Iran
Background and Aim: Anencephaly is one of the fetal malformations caused by neural tube defects in the fetal head. It often results in the death of a baby or a baby during pregnancy and sometimes after birth. Therefore, the disease, as opposed to anomalies in life, is one of the cases of abortion before 4 months of age. However, given that abortion licenses are limited in time (up to the ensoulment at four months of age), we may face legal and legal bans on abortion if we diagnose this disease late. The present study seeks to assess the jurisprudential and legal feasibility of abortion of such embryos after four months, considering the science and termination of death of these embryos after this time.
Materials and Methods: This research has been prepared by descriptive analytical method and its data has been collected by Library Tool.
Results: Among the incurable fetal diseases, anencephaly, which is a defect in the physiological structure of the brain, is one of the cases of fetal abnormalities that make it difficult for the mother due to retardation or deformity, subject to abortion law. Is treated. One of the problems that pregnant women with abnormal fetuses face is getting an abortion permit for only 4 months. The resulting problems are significant in mothers with anencephaly fetus. Given the certainty of medical science in the inability of these embryos to survive even after birth, the issue of overcoming this time limit for obtaining an abortion permit after 4 months is a significant issue. The jurisprudential support of the laws in the Iranian legal system makes the researcher inevitably examine the arguments that can be used in Islamic jurisprudence in order to achieve a solution based on rational and narrative arguments in this field.
Ethical considerations: In order to organize this research, observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: This study shows that by invoking reasons such as the analogy of priority (analogy with brain death) and the application of la zarar and la haraj rules, it is possible to prove the ruling on the permission of anencephaly abortion even after 4 months.

Cite this article as: Ajori Aysak A, Rezaei F. Jurisprudential feasibility of eliminate the time limit of anencephalic abortion license. Medical Law Journal 2021; 15(56): e50.
Type of Study: Original Article |
Received: 2020/03/18 | Accepted: 2020/10/6

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