ABORTION BY RAPE

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Abbasi Atefeh

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Journal Paper

Paper Information

Journal: Family Law and Jurisprudence Journal Year:2018 | Volume:23 | Issue:68 Page(s): 31-45

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Information Journal Paper

Title

ABORTION BY RAPE

Author(s)

Abbasi Atefeh | Issue Writer Certificate

Keywords

THE RIGHT OF LIVINGQ2

EMBRYOQ2

ABORTIONQ2

RAPEQ1

THE RULE OF LA HARAJQ2

CHILDREN’S RIGHTSQ2

Abstract

The crime of RAPE is punishable only by the execution of adulterer according to the article 224 of the Islamic Penal Law coded in 1392. According to the criminal procedure law, the woman who is the victim of this crime must receive the necessary legal protections. In addition to having a fair trial and punishment against the perpetrator, the physical, emotional and psychological damage of the victim should also be compensated. Nevertheless, prescribing ABORTION due to the different decrees of jurists is not so simple. Some jurists try to justify the possibility of ABORTION by referring to Shariah general rules such as La-Haraj rule, meaning not enduring difficulty or harm for mother due to the bearing child or even the issue of self-defense. Moreover, severe psychological conditions of woman, her reluctance and dissatisfaction of bearing child and also the imposition of inconvenience by family and society put more emphasis on the possibility of ABORTION. Yet the issue is controversial especially among the majority of oppositions who think the reverse. On the other hand ABORTION is contrary to THE RIGHT OF LIVING. The human being regardless of race, color, religion and origin is entitled to enjoy all human rights in spite of the crime of a parent.

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APA: Copy

Abbasi, Atefeh. (2018). ABORTION BY RAPE. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 23(68 ), 31-45. SID. https://sid.ir/paper/95319/en

Vancouver: Copy

Abbasi Atefeh. ABORTION BY RAPE. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2018;23(68 ):31-45. Available from: https://sid.ir/paper/95319/en

IEEE: Copy

Atefeh Abbasi, “ABORTION BY RAPE,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 23, no. 68 , pp. 31–45, 2018, [Online]. Available: https://sid.ir/paper/95319/en

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