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

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.

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.

"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.

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.

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.

Subsidiary punishment, based on the principle of the legality of punishments, is imposed on the perpetrator in addition to the main punishment, depending on the commission of the crime. Subsidiary (Consequential) punishment requires a provision in the law. In intentional murder, the perpetrator is deprived of inheriting property and Diye (blood money) and in quasi-intentional murders and sheer mistake, he is deprived of inheriting Diye. If there are justified reasons for the crime, such as legitimate defense and the law, this punishment will not be applied to the perpetrator. However, in the cases of factors that eliminate criminal liability, such as murder by a minor and an insanity, forced, murder in sleep, unconsciousness, and murder by mistake, the perpetrator is deprived of inheritance. The application of exclusion in inheritance is not limited to the heir, and the possibility of applying it to the testator, the heir, and the deputy in the case of murder needs to be investigated. Deprivation of inheritance in case of murder is a preventive measure against the occurrence of murder, so that people who commit murder with greed to reach the deceased’s estate, refrain from committing it.

Some of these diseases in the present time, can be diagnosed at the time of pregnancy to a certain (reliable) extent with the help of medical tests. The difficulty of raising such babies, along with the primary prohibition of abortion, places the legality of incomplete abortion (defective abortions) before researchers of jurisprudence and law and most of the contemporary jurists have accepted the legitimacy of incomplete abortion to some extent and have justified it by referring to the rule of negation of impediment (Arabic: لا حرج, no difficulties) and the result that also obtained in the single-clause bill approved in 2014. The new mentioned issue has been examined from a jurisprudential point of view in this article, and the arguments of the jurists in this field are from the point of view of minor premise (the difficulty of continuing the pregnancy), major premise (the ability of the rule of impediment (Arabic: لا حرج, no difficulties) in allowing abortion) and thematology (vegetative nature of the fetus) is challenged and obligation to the legality of abortion in the mentioned case has foundations, functions and requirements that even those who say it cannot accept.

Breathing the divine spirit into fetus is a subject to which many injunctions of the law are allocated. Some of the injunctions have both monetary and penal aspects. According to the Article 716 of IPC, blood money for abortion depends on breathing the divine spirit into fetus. Also, according to the Article 720 of IPC, the calculation of blood money for the organs of fetus or the injuries sustained by fetus depends on breathing the divine spirit into fetus. The Islamic jurists do not allow abortion after breathing the divine spirit into fetus; therefore, it is important to determine the exact time of breathing of the divine spirit into fetus based on Islamic jurisprudential sources. The stages of development of fetus have been described in the verses of the Suras Al-Mu'minun and Al-Hajj. The Islamic traditions also provide some information about the time of breathing of the divine spirit into fetus. According to the words ascribed to the famous jurists of two Islamic sects, the divine spirit is breathed into fetus at the fourth month of pregnancy. However, according to the theory of the present article, for determination of the time of breathing of the divine spirit into fetus, one cannot trust on the reports of the embryologists for two reasons. On the view of the legal proofs, the divine spirit is breathed into fetus at the fifth month of pregnancy which is consistent with the language of the verses and Islamic traditions

Deliberate abortion is immoral and forbidden by sharia. It is permitted, however, only in case there is risk in pregnancy or the possibility of the fetus’ anomalies. In the latter condition, the law protects motherhood by resorting to the ‘distress and constriction negation’ principle (usr-o-haraj). The article intends to take a critical look at the issue by exploring the necessity of the father’s consent to abortion, due to the fact that if the mother’s health and survival is at risk, the father’s consent is out of question, but when there is the risk of fetus’ anomalies and the application of ‘distress and constriction negation’ principle, both parents are involved. Here, we are discussing the child’s right of survival that the father has to abide by, and want to prove the fact that if the father disapproves, the therapeutical abortion must not be carried out. Hence the need to revise the law pertaining to the absence of the father’s consent. We have benefited from proofs such as the father’s kinship, his obligation for his family’s subsistence and guardianship.

The Policymakers’ concern over the decline in the population growth in the recent two decades make several plans and policies be suggested to change this process. The Youthful Population and Protection of the Family Law (2021) presents the last will (intention) of the legislature to reverse this process. Besides the supportive and encouraging policies, this law has seen different prohibitions and restrictions in the realm of screening and supplying tools for fertility control (birth control), legal sterilization and abortion. Along with these cases, like the most specific rules (lex specialis) it has been considered criminal strategies by the legislature and has been tried for the primary purpose of those who codified the law i.e. the population growth to occur. However, the legislature’s criminal intervention from the different aspects encompasses problems (objectable). These problems can be for the process of codifying law and its executive problems from one division. Criminalization with the minimum participation of the assembly and legislation through the emergency route of article 85 of the Constitution of the Islamic Republic of Iran, not paying attention to previous regulations resulting in the penal legislation inflation (the increase in the number of penal laws), referring to the most accessible tool i.e. sentencing and the vanguard of the punitiveness at the circumstance of the lack of the comparative study of the non-criminal strategies it goes back to the process of enacting laws. On the other side, the ambiguity in the type of sanctions including the use of interpretable vocabulary such as “substantial, comprehensive, vast, effective factors and the business circle” and determining the type of punishment to each degree and also the problem for enforcing punishment upon legal entities are of the most important problems that the law will face challenges in the stage of implementation. This note tries to realize and identify the most important challenges and the problems of the criminal interventions of the law in the stage of legislation and enforcement with a descriptive-analytic approach.

One of the demands of feminists is to permit and legitimize abortion. Because it is a matter of the right to life of another person, it is perhaps the most challenging demand. Therefore, attempts have been made to provide various reasons in this regard. Referring to the right to choose, the right to freedom, as well as adhering to the right to flourish women's talents and also seeking help from the right over one's own body, the feminists seek to prove their claim. This paper, taking a view of the philosophy of jurisprudence as a science that is responsible for extrajurisprudential explanation of the jurisprudential affairs, investigates these fundamental issues. It considers the proof of these reasons weak and neutral, deems such attempts unsuccessful, and explains the disagreement between such principles and reasons and Islamic principles of the philosophy of jurisprudence.

Medicine is one of the necessities of social life and the health and lives of human beings are constantly one of the important concerns of human societies. The revolution that has brought about scientific research and new medical discoveries in the field of medical science has raised countless questions that Islamic jurists cannot remain silent about. Because jurisprudence has a deep connection with human life, the results of discussion and research on these questions are effective in human life. Therefore, it is up to the scholars and jurists of Islam to take the rulings of these emerging issues that affect the lives of human beings out of the texts and rules of Sharia and to express the divine ruling on them. Based on this, by relying on the rules of jurisprudence, many problems in medical science can be resolved and a valid and acceptable Shari'a solution can be presented to specialized physicians to rely on Shari'a arguments and confidently examine examples of issues. Let them solve the problem and find its religious aspect, and in this way, we can carry out jurisprudence and medicine together. In the present study, we intend to explain the role and effect of the rule of negation of embarrassment on solving new problems in medical science and its efficiency.

"Anencephaly" is a fatal and incurable defect that due to the destruction of nerve tissue prevents the formation of the skull and brain in the fetus or infants. This can be recognized during the fetal period and at birth. Explaining the jurisprudential and legal status of anencephaly is one of the topics of criminal law challenge that the author of this article has tried to address. A fetus with such complications is considered a malformed fetus, and under certain conditions, medical abortion is permissible. Anencephalic infants are also very short-lived due to retardation and severe structural disorders of nerve tissue, but this does not mean that they are brain dead or uninhabited. However, the situation of these people is compatible with the state of insanity.

The rights and status of women in different religions have been seriously and scientifically analyzed by researchers for many years. In the present article, the aim is to examine and compare the identified punishments of four crimes against women with the titles of trafficking and rape against women, non-payment of alimony and abortion in two sources of jurisprudence and Islamic criminal law. Given the presupposition of conformity and laws on religious sources, the question is to what extent this conformity, especially with changing cultural conditions. The research method is a library with analysis and research on first-hand sources; such as jurisprudential books and criminal law and research articles related to the subject of the article It seems due to the diversity of jurisprudential opinions of jurists and the need for tight rules, there is a significant difference between the sentences of punishment for crimes in jurisprudential sources and the relevant laws in criminal law; which can allow the legislator to reconsider.