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Information Journal Paper

Title

THEORY OF SELF-DEFENSE IN ABORATION

Pages

  113-136

Abstract

 Abortion is considered both as a crime and a social necessity (at least according to those committing the termination) which roots in socio-cultural and politico-economic conditions. However, abortion might become medically inevitablety, since continuation of the pregnancy may hurt fetus, mother or both of them. Before ensoulment, if the mother’s life is in dander, all Sunni and Shia faqihs (jurisprudents) permit abortion. In case of hardship for the mother, most of the faqihs allow it. Some Sunni faqihs have gone so far as consider it mobah (halal).In case of ensoulment (beginning of human life in the fourth month), traditional Sunni and Shia faqihs do not permit abortion, while some of the contemporary ones authorize it in some special conditions. My article will focus on the case of danger for mother, which, in my opinion, is permitted, as a case of LEGITIMIZED SELF-DEFENSE, by Sharia and common sense. In case of conflict between two wajibs (obligations), mother has the right to protect herself. So abortion in this case is authorized, and the physician and the nurse will have no civil and penal liability. Although some faqihs do not permit abortion in such cases, some others, with special emphasis on common sense, allow it.

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    APA: Copy

    ARABIAN, AZGHAR. (2010). THEORY OF SELF-DEFENSE IN ABORATION. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 3(5), 113-136. SID. https://sid.ir/paper/212105/en

    Vancouver: Copy

    ARABIAN AZGHAR. THEORY OF SELF-DEFENSE IN ABORATION. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2010;3(5):113-136. Available from: https://sid.ir/paper/212105/en

    IEEE: Copy

    AZGHAR ARABIAN, “THEORY OF SELF-DEFENSE IN ABORATION,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 3, no. 5, pp. 113–136, 2010, [Online]. Available: https://sid.ir/paper/212105/en

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