Volume 3, Issue 2 (2018)
2018, 3(2): 73-79 |
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:
Keramati Moez H, Chavoshi M, Abdollahi S. Jurisprudential Foundations of Abortion Permission; with Emphasis on Jurisprudential Rule of Incompatibility. Quran and Medicine 2018; 3 (2) :73-79
URL: http://quranmed.com/article-1-185-en.html
URL: http://quranmed.com/article-1-185-en.html
1- Criminal Law & Criminology Department, Law Faculty, University of Tehran, Tehran, Iran, Central Organization of Tehran University, 16 Azar Street, Enghelab Square, Tehran, Iran. Postal code: 14176144180 , keramatihadi@gmail.com
2- Criminal Law & Criminology Department, Law Faculty, University of Edalat, Tehran, Iran
3- Law Department, Humanities Faculty, Malard Branch, Islamic Azad University, Malard, Iran
2- Criminal Law & Criminology Department, Law Faculty, University of Edalat, Tehran, Iran
3- Law Department, Humanities Faculty, Malard Branch, Islamic Azad University, Malard, Iran
Abstract: (6949 Views)
Introduction: Abortion is one of the basic and definite decrees, to which the book and the tradition imply, but, as any basic decree in case of secondary circumstance, it can be changed in the same way and the abortion is possible. The aim of this study was to evaluate the jurisprudential foundations of abortion permission with an emphasis on jurisprudential rule of incompatibility.
Conclusion: Some Imamieh jurists believe that only when the soul has not been blown up in fetus and that the mother's life is preceded by abortion, according to the rule of incompatibility, abortion is permissible. Another group believes that the fetus can be aborted even after blowing the soul in fetus to defend the mother's life. Some others, based on the rule of incompatibility, consider a mother entitled to abortion and pay more attention to mother's life, but if the life of mother and fetus are of equal importance, according to the rule of incompatibility and doubt about the requirement, if there is no superiority on one of the two sides, the wisdom is to decides and the pregnant woman is between the survival of her own self and abortion. From Imamieh jurists’ point of view, if the survival of fetus involves maim or an intolerable pain for mother, for the health of mother, abortion is permissible before the soul is blown up. Others believe that mother can be treated even with blowing the soul in fetus and does not need to delay it; even if the treatment causes an abortion and they say, according to the rule of incompatibility, that the mother’s life has a preference.
Conclusion: Some Imamieh jurists believe that only when the soul has not been blown up in fetus and that the mother's life is preceded by abortion, according to the rule of incompatibility, abortion is permissible. Another group believes that the fetus can be aborted even after blowing the soul in fetus to defend the mother's life. Some others, based on the rule of incompatibility, consider a mother entitled to abortion and pay more attention to mother's life, but if the life of mother and fetus are of equal importance, according to the rule of incompatibility and doubt about the requirement, if there is no superiority on one of the two sides, the wisdom is to decides and the pregnant woman is between the survival of her own self and abortion. From Imamieh jurists’ point of view, if the survival of fetus involves maim or an intolerable pain for mother, for the health of mother, abortion is permissible before the soul is blown up. Others believe that mother can be treated even with blowing the soul in fetus and does not need to delay it; even if the treatment causes an abortion and they say, according to the rule of incompatibility, that the mother’s life has a preference.
Type of Study: Research |
Subject:
Special
Received: 2018/05/12 | Accepted: 2018/05/14 | Published: 2018/06/20
Received: 2018/05/12 | Accepted: 2018/05/14 | Published: 2018/06/20
References
1. Goldouzian I. Droit penal special infractions. 22th Edition. Tehran: Tehran University Press and Publishing; 2016. p. 210. [Persian] [Link]
2. Abbasi M. Comparative study of abortion. 1st Edition. Tehran: Hoghughi; 2012. p. 19. [Persian] [Link]
3. Aghaie Nia H. Criminal law crimes against persons. 11st Edition. Tehran: Mizan; 2013. p. 352. [Persian] [Link]
4. Jahanian M. A soul's escape and abortion. In: Fatahi Maesum H, editor. Collection of articles & chalenges form the second seminar on Islam's views in medicin at Mashhad University of Medical Sciences. Mashhad: Mashhad University of Medical Sciences; 2001. p. 68. [Persian] [Link]
5. Meshkini Ardebili AA. Terms of Osul. Qom: Hekmat; 2005. [Arabic] [Link]
6. Salavati M. Jurisprudential foundations of Islamic government, Montazeri. 8th Volume. Tehran: Keyhan; 1988. [Persian] [Link]
7. Sheykh Morteza Ansari. Basics of unique (Faraed al-Osul). 1st Edition. 2nd Volume. Qom: Islamic Intellectual Complex; 1998. [Arabic] [Link]
8. Tabibi Jabali M. An analysis of the theory of permission of abortion from the viewpoint of shia't jurists. Nameh Ye Mofid. 2003;9(3):75-96. [Persian] [Link]
9. Musavi Khoee SA. The bisics of completed methods (mabaniye takmalah al menhaj). Tehran: khorsandi; 1987. [Arabic] [Link]
10. Khazaee S. Islam and abortion. In: Seminar on Comprehensive Examination of Abortion Dimensions in Iran. Articles' abstracts of seminar on comprehensive examination of abortion dimensions in Iran, March 7-8, 2002. Kermanshah: Kermanshah University of Medical Sciences, Avicenna Research Institute; 2002. p. 92. [Persian] [Link]
11. Emamy Razavi SH. Organ transplants. Teb va Tazkieh. 1993;2(2):87-91. [Persian] [Link]
12. Noozarieh Ferdosiyeh M. Abortion in Islamic law and feminism. Women's Strateg Stud. 2005;7(28):44-82. [Persian] [Link]
13. Makarem Shirazi N. Important jurisprudential discussions (Bohus faghiheh hammeh). Qom: Imam Ali bin Abi Talib school; 2002. pp. 294-5. [Arabic] [Link]
14. Shams Nateri ME, Kalantari HR, Zaree E, Riyazat Z. The Islamic penal code in the current legal order. 1st Edition. 1st Volume. Tehran: Mizan; 2013. p. 415. [Persian] [Link]
15. Ardebili MA. Droit penal general. 32nd Edition. 1st Volume. Tehran: Mizan; 2014. p. 264. [Persian] [Link]
16. Roohani M, Noghani F. Medical jurisprudence. Tehran: Institute Cultural and Teymoor Zadeh; 2005. p. 82. [Persian] [Link]
17. Mohaghegh damad M. Medical jurisprudence. Tehran: Hoghughi; 2012. p. 29. [Persian] [Link]
18. Ali Mohammad Zadeh Kh. Medicine in the mirror of ijtihad: Medical esteftaat from Ayatullah Khamenei. 1st Edition. Qom: Mabrur Cultural Services Company; 1996. p. 85. [Persian] [Link]
19. Razm Saz B. Abortion by a doctor and associate professionals. In: Fatahi Maesum H, editor. Collection of articles & chalenges form the second seminar on Islam's views in medicin at Mashhad University of Medical Sciences. Mashhad: Mashhad University of Medical Sciences; 2001. p. 469. [Persian] [Link]
20. Musavi Ardebili SA. Jurisprudential comments on abortion issues. In: Fatahi Maesum H, editor. Collection of articles & chalenges form the second seminar on Islam's views in medicin at Mashhad University of Medical Sciences. Mashhad: Mashhad University of Medical Sciences; 2001. pp. 830-1. [Persian] [Link]
21. Safi Golpaygani LA. His jurisprudential comments on pregnancy issues, proceedings and Speeches of the second seminar on islamic perspectives in medicine. Mashhad: Mashhad University of Medical Sciences; 2002. p. 868. [Persian] [Link]
22. Saneei Y. Medical decrees. Qom: Meysam Tammar; 2004. p. 843. [Persian] [Link]
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
