جستجوی مقالات مرتبط با کلیدواژه « childbirth » در نشریات گروه « فقه و حقوق »

The urgency and certainty of the execution of final criminal sentences are emphasized by the Sharia and the penal system. However, in some cases, according to the propositions of Islamic jurisprudence and - consequently - the penal system, such as qisas (retaliation) of a pregnant woman until after childbirth, and in case of fear of losing the baby until the appropriate time, this type of urgency is prohibited. However, the scope of this prohibition has not been well clarified due to the lack of specific research. Therefore, the question of the scope of this prohibition in conflict with the avenger of blood's right is an issue that needs to be explored until the answer stage. How to respect the right of the avengers of blood and preserve the life of the fetus in the shadow of the conflict between these two rights is one of the basic rules of Islamic jurisprudence and the Iranian penal system, which legitimizes the commitment of judicial authorities and avenger of blood. The current study has been carried out with the aim of reducing the applicability of this ruling and removing ambiguity from the legislator's approach in the light of recognizing the arguments related to the aforementioned ruling and explaining the scope of action by eliminating the conflict between the two rights. Achieving this goal in the light of comparative description and analysis of jurisprudential propositions and criminal law is possible through collecting library data, the result of which is to explain the reduction of the prohibition and prevent its possible consequences in the criminal justice system of Iran.

Maternity is one of the most delightful experiences of a woman’s life; however, for many reasons, it can turn into a terrible experience for the mother and even lead to her death. Many factors affect mortality and the endangering of mothers’ health including economic and social conditions, different types of discrimination and the cultural grounds and traditions of different regions of the world. What is indisputable is the link between the right to maternal health and the fundamental principles of human rights. In the present study, while identifying the most basic of these principles, we will respond to the fundamental question of the impact of the application of human rights requirements on safe pregnancy and childbirth.