According to Islamic teachings, human foetus has a potential and respectable personality and like other human beings has some rights such as the right to live and the right of safety and health. Hence Islamic Gurisprudence in addition to anticipation of the examples of such rights, has prescribed some sanctions for the infringement to guarantee its execution.The legislator of the Islamic Republic inspired by the guidance of the jurispru dence of Islam mainly condmned the action of abortion and prescribing punishment for those who commit abortion, has protected human foetus. In addition to that, by virtue of articles q1, q2 and 262 of the Islamic law punishment, by postponing the punishment for the pregnant women, they have taken another step to protect human, foetus. Despite the fact that in the Islamic Law System and Islamic jurisprucence have long discussions and have anticipated blood money (Diya), but it has not been taken into consideration a lot. Therfore there are some ambiguities and some discussed that legislator has atlempted to protect foetus legally more than criminally.This article attempts to draw legislator’s attention to remove the existing ambiguities, according to Islamic jurisprudence, in the present criminal law.