Author

• Mohammad hossin Modaber

Abstract

Abstract :

Abortion is one of the topics that is discussed from different points of view such as Islamic Law, Jurisprudence, and criminal law .If the fetus is at the sthtrimatn and remain in the uterus threatens mother's life, according to Islamic law and Jurisprudence, it should be removed from the uterus and taken care of in certain devices .In this case ,we deal with the phenomena of fetus transfer rather than abortion.

On the other hand ,if the fetus is still dependent on the mother and remains at an embryonic stage of development whether it has life or not , if it threatens the mother's life and one of them prefers to other, one of them should be selected. The Jurists believe that the one who is less likely to live on should be given the priority for the death choice, and if they have an equal chance to live on , one of them should be sacrificed on the basis of reasonable decision .Therefore , under this circumstance if the doctor or the mother performs abortion , he/she has not acted against Islamic law. Of course if the abortion is performed ,the due compensation should be paid if it is demanded by the family.But the present penal laws in our country ,and based on the article seventeen of medical disciplinary passed in 1348 which came into effect after the Guardian Council had made a change in it , allow abortion only when the mother is in danger and the fetus is inanimate. It holds true while the dynamic principles derived from Shiah Fegh have entirely made clear what measures both the mother and the doctor shoud take if the fetus is animat .It's hoped that law makers in our country will revise the laws related to abortion ,put an end to the confusion of those involved ,and therefore ,prevent some from types of unsafe and illegal methods

Keywords

• Fetus
• abortion
• starting point of embryonic life
• necessity
• soul
• spirit