جستجوی مقالات مرتبط با کلیدواژه « سقط جنین » در نشریات گروه « علوم انسانی »

Infertility, which is one of the most important problems of human societies, has been solved to some extent with the help of one of the achievements of medical knowledge, i.e., freezing the fetus resulting from the artificial and ectopic fertilization of the parental gametes. Now, the freezing and storage of embryos in freezing banks will cause jurisprudential, legal and social issues in this field, one of which is the existence of common criteria between the destruction of frozen embryos and abortion. Therefore, the basic question in this research is: Is there a unity of criterion between killing frozen embryos as a part of laboratory embryos and abortion from the point of view of jurisprudence, legal and moral? The current research has been conducted in documentary- library style and by descriptive-analytical method, the studies shows, there is a unity between the destruction of frozen embryos and abortion, in this sense, the frozen embryo as an ectopic coagulated sperm, like an intrauterine embryo, is a potential human being that can be actualized and has the right to life and human dignity, because from a legal point of view, a human being has the right to life and respect from the moment of the formation of the smallest part of existence and its eliminating at any stage is against the morality and human dignity of the fetus and against the relationship of trust between the parents and fetus and it is not acceptable. Also, eliminating a human being at any stage violates one of the purposes of marriage, i.e. childbearing, which is one of the common criteria of killing a frozen embryo and abortion; therefore, the sanctity of loss is true in both cases, and the coagulation of sperm inside the womb (a common thing) or its outside, is the origin of human creation and the minimum level of humanity has been reached in it, and the condition for the fetus to have the right to life, to be fertilized and be born alive; therefore, the formation and development in the womb does not have the characteristics that the only right to life be exclusive to the fetus in the womb. From this point of view, some jurists believe that it is necessary to be careful to preserve frozen embryos and they consider the elimination of frozen embryos as abortion and require payment of ransom.

Sensitivity towards the mutual rights and duties of couples in relation to marital relations in the family is one of the special teachings of the Holy Quran. Some prominent feminist views consider the family and specifically the sexual relations patterns as the fundamental cause of women's inferiority. The latter point of view, while condemning the Quranic view, considers lesbianism, the freedom of sexual relations outside the framework of marriage and the right to abortion as necessary to get out of the requirements of this fundamental factor. Feminist teachings have ignored the identity of human beings due to their humanist and secular foundations. Explaining the teachings of Quran and feminism in this matter is the main issue of this research. This research has been done by descriptive-analytical method. The deep belief in self-ownership, freedom and hedonism against the belief in God's true ownership and the trusting role of men and women towards the body are the most important topics used in feminist and Quranic explanations.

The present research consists of two parts; the first deals with the ordinal judgment and physician liability in committing abortion on the basis of awareness or unawareness, skilled and non-skilled of the physician. The second part is the assigned verdict of the doctor and on the basis of the motive of abortion it has various types. The motive of abortion may be for hiding adultery or keeping the honor of the family, may be for the saving of the mother while pregnancy may threaten the life of the mother, the gene or both, may be to prevent the expansion of blood diseases such as hemophilia, to prevent the birth of an abnormal child, to prevent the transition of the hereditary characteristics and etc. in the other word, the assigned verdict, and liability or acquittal of the physician will be subjected to the legality or illegality of the abortion. Some jurists believe that the reasons and causes of the abortion must be certainly approved and the results have to be certain and policy derived from it has to be superior to the prohibited policy. As today the abortion by doctors happen a lot and the society daily experience it, therefore, recognizing the ordinal and assigned verdict and legal liabilities of the doctors, is essential. The present paper has been done through descriptive- analytical method and scrutinizes the various cases of the doctor and doctor’s team who commit the abortion.

In recent years, due to the decrease in the rate of childbearing, efforts have been made in the policy system, among which we can mention the plan for the youth of the population and support for the family approved in 2019. The limitation of screening is mentioned in this project. The purpose of this research is to identify the individual-social considerations of eliminating the screening of pregnant mothers before the birth of a child. The method is qualitative and its approach is phenomenology. The data was collected through semi-structured interviews with mothers who have a disabled child and who visited the rehabilitation center for speech therapy and occupational therapy classes. The data were classified into two groups, individual and social. Individual issues include educational problems, lack of information and ignorance, feelings and emotions, communication issues. The social part includes social labeling and social support. As a result the presence of a sick child in the family has many effects on all aspects of the life of the family members, especially the mother. It is hoped that the results can be effective in reducing public concerns in such a way that policies related to population increase work more successfully and The psycho-social challenges of the screening of pregnant mothers before the birth of the child should be better answered. In the end, the efforts made will be reflected in the increase of healthy population, Until the correct legislation is realized in line with the interests of the nation and the government.

"Fetal abortion" is a complex issue with various dimensions of jurisprudence, law, ethics, and education, all of which require independent examination from each aspect. Islamic jurisprudence and education, based on verses and traditions, have provided answers to all questions in this area and clarified all its aspects. Despite the severe penalties in jurisprudence for the one who performs the abortion, the prevalence of "fetal abortion" is one of the challenging issues in today's society. Statistical reports indicate an increase in this phenomenon worldwide, in Muslim countries, and even in the Islamic Republic of Iran. The negative consequences of ths act on an individual, family, and society are more than one can imagine. The purpose of examining the jurisprudential laws of "fetal abortion" with an educational approach is to guide families towards eradicating it from the religious community, which has been achieved through a methodical and deductive approach. The research findings have shown that in Islamic jurisprudence, the method of warning and punishment is used in explaining the laws of "fetal abortion," and if these laws are presented to children and adolescents in the home and school, it has a significant impact on preventing this event from a jurisprudential and educational perspective.

Simon de Beauvoir believes that due to the problems and sufferings that women suffer due to pregnancy, childbirth and motherhood, it is necessary to enjoy special and special rights in this matter, including the right to freedom of reproduction and Abortion is. The purpose of this research is to review and criticize de Beauvoir's opinions on the issue of freedom of abortion and reproduction. This issue is important because it is related to the most vulnerable layer, the fetus, and also has a direct impact on the preservation of the future generation.

This research was written using documents and library resources and descriptive and analytical method.

The findings indicate that de Beauvoir considers the woman's right to choose and decide on pregnancy or abortion and also considers this issue as a way to free women from gender oppression.

De Beauvoir considers abortion as one of the examples of freedom of reproduction and a step towards liberating women from patriarchy, but as stated in the review and analysis, women cannot ignore the responsibilities and consequences of their actions regarding the fetus, which has inherent human dignity. The right to abortion under the pretext of a woman's freedom requires the negation of her duties and responsibilities as a mother.

Children, like other segments of society, possess inherent rights, and societal procedures should be structured to ensure the realization of these rights. Despite the contemporary laws reflecting an advanced and civilized understanding, demonstrating a progressive stance towards humanity, especially children, there are instances where it might be more beneficial to establish dedicated arrangements ensuring the guaranteed rights of children and teenagers. This is particularly relevant for groups facing the dual challenges of excruciating rare diseases and the deprivation of their fundamental rights. Given the current emphasis on children's rights to the highest standards of healthcare in international regulations, it is essential to establish requirements that secure this right, especially for the considerable number of affected children in developing countries. This article employs a descriptive and analytical approach to illuminate these obscured areas, uncovering pathologies and suggesting solutions and preparatory measures within Islamic jurisprudence and law. This includes the imperative of implementing swift legal procedures to ensure the provision of social and healthcare services for children grappling with rare diseases.

The crime against the fetus is not limited to abortion; Rather, it has different types. One of these types is the crime that leads to the creation of works after birth. After years of silence about these crimes, in 2012, the legislator addressed them in a note to Article 306 of the Islamic Penal Code. According to this note, there is a possibility of retribution for committing crimes that lead to the creation of works after birth; This is even though in the article itself, the proof of retribution in crimes against the fetus is ruled out. This point causes the question of whether there is a contradiction between the article and the note, or whether the legislator has excluded these crimes from the scope of Article 306 for some reason, and also the reason and basis for proving retribution in the note, considering its flaws and gaps. It is a serious question. The information in this research was collected by searching library sources and analyzed in a descriptive-analytical way. The findings show that there is no contradiction between the article and the note and their status was based on jurisprudence and some forms of crime. Although the enactment of Article 306 and its note is a new measure regarding crimes that lead to the creation of effects after birth, and its fruit is to prevent crime and strengthen the deterrent aspect of the law, it is suggested to take measures as soon as possible to fix the problems of the note and eliminate the contradictions. It should be provided and its loopholes should be taken into consideration by the legislator.

Using a grounded theory approach, this qualitative research has aimed to find out the interpretations and rationales of the women in Mashhad regarding their experience of abortion. Based on a grounded theory approach, the research has tried to understand the psychological significance of the account of 28 women in Mashhad regarding the action of abortion and the causal, interventional, and contextual conditions surrounding their decision towards this action. To this end, using meaningful and snowball sampling methods, 28 women belonging to various social groups in terms of age, financial and social classes, etc. were chosen and deep and semi-structured interviews were carried out with them. Data analysis using open, axial, and selective coding showed that the central category abstracted from the action of abortion in the sample is “abortion: conflict of fear and choice”. Moreover, this abortion: conflict of fear and choice has happened in special causal conditions including expedient individualism, job-related issues, education and financial foresight, lack of sufficient awareness regarding prevention of pregnancy, inefficient conjugal interactions and divorce, and interventional conditions (importance of body and preservation of beauty, isolation and psychological issues, perfectionist idea of child-rearing) and contextual conditions (social station and modern ideas, stigma) have become a background for and facilitated the decision towards abortion and this conflict. The findings implied that, in special circumstances, the women in the society view abortion as a choice through which they can free themselves from structural and social limitations and get their lives back on track.

Identifying and diffusion of a new type of cells known as stem cells is among new findings in medical science. Stem cells are capable of regulating human body’s safety system, reproduction, regeneration, transformation into specialized cells (differentiation) with a more specific function and tissue repair, for which they have drawn attention of scientists during the recent years.In vitro embryo is one major source of stem cell that practically puts an end to the life of embryo. Now questions arise vis-à-vis such practice: Is putting an end to embryo life for stem cell extraction and medical treatment religiously permissible or justifiable? Are we allowed to generate embryo for stem cell extraction? This study, developed through a descriptive-analytical methodology and a review of diversified fundamentals of embryo, jurisprudential sources in particular, intends to present a new criterion for embryo life and to prove worthiness and full human life status for in vitro embryo from the moment of gamete maturation. Apparently, proving human worthiness and dignity at the stage of gamete maturation with the criterion of embryo purposefulness and resorting to the principle of contradiction and rejection of distress and constriction, the practice of putting an end to the life of in vitro embryo becomes justifiable. However, this reasoning falls short of justifying embryo regeneration for destruction. By virtue of a legal ruling by Imam Khomeini, we have tried to infer permissibility of taking the life of in vitro embryo by analogical reasoning on priority of rulings.

The purpose of this study is to provide a sociological analysis of abortion occurrences with the aim of investigating factors cited by insurance companies about pregnant women. A qualitative research method has been used to gather field information and its tools are based on documents and files of interviews conducted with a number of women swindlers and their accomplices as well as experts and traffic police. The statistical population is 138 files of related documents, of which 15 were selected by a simple random sampling. There are also 58 women swindlers, gang associates, experts and traffic police officers who were purposefully selected to saturate the data and in-depth semi-structured interviews were conducted with them. Validity and reliability were obtained based on the views of Marshall and Rasuman (1998). Due to the quality of the work, the analysis method was performed simultaneously with data collection, open and axial coding and compression by designing basic and mediating themes and then the main themes by using Max Qioda software. The results showed that individual, family, social, economic, political and cultural aspects are influential and motivating factors for criminals, but the most important can be economic and poverty. Also, fraudsters, by knowing and exploiting the weaknesses and legal gaps and sometimes using non-Iranians (Afghans), poor families, forged and prepared identity cards and obtained them through responsible people and infiltrating government agencies and insurance companies.

As the mother of feminism, Simone de Beauvoiris the most important element of the women's struggles in 19th century. Sheholds that women are under oppression in each period of their lives and this oppressionstems from a male-dominated society. Simone de Beauvoirasks women to struggle against this oppression but she didn't direct all problems imposed on women against men. Under the influence ofHeidegger and Sartre's philosophies and drawing on existentialistic views, she considers women as the object versus the subject, the other versus I and the being versus the becoming. In her view, women have been regarded as the 2nd sex in any period of their lives and to have access to their real and transcendent self, they should go over the situation that has been imposed upon them. In one chapter of her 2nd sex, she deals with the impacts of motherhood upon women and retells the women's disasters and problems. The present paper is an attempt to analyze and assessed Beauvoir's views on women's situation as the object, the mother and the 2nd sex who has the role of motherhood and then proceed to show that why becoming a mother cannot leave women from otherness.

Down syndrome is one of the chromosomal abnormalities that causes mental and physical defects of the fetus. This syndrome causes many spiritual and material problems for parents, especially mothers. The severity of these problems is such that according to international and Iranian law, this disease is considered one of the legal examples of abortion. According to Iran's medical abortion law and based on the La Ḥaraj rule, there is a possibility of abortion in the case of certainty and the opinion of three doctors. In this way, if keeping a malformed fetus causes Ḥaraj to the mother, she can have an abortion. While, based on the opinion of most jurists, taking care of a Down syndrome child does not fall under the rule of La Ḥaraj. Therefore, they have issued a fatwa against Down syndrome abortion. Due to the difference between the fatwa and the law, the mother is at the crossroads of abortion or keeping the fetus and faces challenges. One of the challenges that can be expressed is the mental and emotional pressure caused by the conflict between the permissibility of abortion and its sanctity, which causes mothers to be perplexed and confused. This article is examined the contrast between the fatwa and the law and concluded that morals, religion and customs rationally encourage mothers to preserve the fetus, Because the necessary conditions for Down syndrome abortion must be certain, and this prevents the easy application of the La Ḥaraj rule. but the outcome depends on the decision of the mothers. This article has been compiled in the library method and based on the latest fatwa of scholars in the special field of Down syndrome abortion.

( 56 ) The rule of protecting the family and youth of the adopted population (2021) is devoted. It has been tried , in this provision , to the shortcomings , as well as the apparent defects and the basis in theabortion (2005) and article ( 718 ) of the islamic punishment law approved (2013) , it must be resolved . This is an admirable effort , but with some innovations that have resulted in some confusion and errors in the matter mentioned above . Uncertainty in an abortion authority , an unjustified compound of members of the abortion commission and the ambiguous condition of its members , ambiguity in the sense of the seriousness of the threat , the insistence on being present and intolerable , ambiguity in art , and finally ambiguity in the signs of the psyche is one of the most important challenges and ambiguity that exists in article ( 56 ) of the family protection law . by referring to library sources , the author has tried to analyse the provisions of the mentioned article and examine the most important drawbacks in this provision and thus pave the way for the improvement of this provision.

This article explains the status of human dignity in jurisprudence and legal arguments. The purpose of this research is to examine the jurisprudential-legal status of dignity in the compilation of law. Thus, I have first discussed the relationship between dignity and law, and the status of human dignity in the process of deduction of jurisprudential rules using a descriptive-analytical method; and as an example, I have briefly discussed its application in the intentional termination of the life of human and fetus in the form of euthanasia and abortion. The result of this research is that Shi’a jurisprudence is text-oriented, not dignity-oriented, but God has observed human dignity and sanctity in the Divine decrees. Therefore, one can claim that when an issue is either a case of the “principle of bara’ah” or the “principle of dignity”, the evidences on human dignity  as a primary principle - is prior to the evidences of the bara’ah principle; although the principle of dignity is valid as long as there is no contrary ijtihadi reason. Considering the harmony of the Divine decrees and human sanctity and dignity, one can interpret the literal meaning of the evidences of this principle similar to the literal meaning of other religious texts; for example, according to the implication of these evidences, the affirmative steps of intentional termination of life regarding abortion and euthanasia are not permitted.

The purpose of the current research was to investigate the right to abortion for women in Islamic ethics. The research universe included all written texts and references of Islamic ethics. The research sample subsumed the subjects related to abortion right for women in Islamic ethics texts. The research method was descriptive-analytical. The data was analyzed via content analysis procedure. The results showed that there were two main arguments about voluntary abortion among non-Muslim thinkers. One argument was the mother's ownership of her own body for abortion, and the other was the fetus's individual identity. According to the perspective of Islamic ethics regarding abortion, it was found that the argument that the mother owns her own body for abortion would be correct to some extent; This meant that the mother could have an abortion if she might be harmed in some cases. Also, the criterion of fetus's individual identity would be generally accepted from the Islamic ethics point of view and in this context, the Holy Law put forward a basis that would be the final words and in fact, a proof of narration and devotion. From this point of view, a fetus before four months would be not considered a living creature. This view regarding the individual identity of the fetus could be called Islamic fetus's individual identity, which would be different from what scientists of experimental sciences discussed. According to Islamic teachings, willing and voluntary abortion that leads to the death of the fetus would be not legitimate unless the mother's life would be in danger or the spirit had not been blown into the fetus and its existence had an unusual and considerable harm to the mother.

Abortion is one of the important issues that has always been the subject of debate and disagreement. The purpose of this article is study on the conditions of abortion from the perspective of medicine, jurisprudence and criminal law in the light of mother's health. The findings indicate that from the medical point of view, if the health of the mother or the fetus is in danger, it is necessary to perform a therapeutic abortion. In Islamic jurisprudence, jurists have unanimously considered abortion to be a sin and prohibited, and abortion is also prohibited in Iranian criminal law. The the health and distress of the mother is most important condition for the permission of abortion in jurisprudence. From a jurisprudential point of view, if the mother's life is in danger, to abort the fetus before the soul is breathed into the body, citing jurisprudential rules La-Zarar is permissible. The health of the mother is also mentioned in the law as one of the conditions for abortion. In the Family and Youth Protection Law, the conditions of abortion are limited, and cases such as mother's harassment must be determined by the judge, and the mother's request for harassment is not enough.