Abortion: Its Historical Roots and Provisions between Islamic Sharia and Iraqi Law A Comparative Study

Hamad, Muzaffar Ziyad

doi:10.63677/jqlap.2024.184969

	Abortion: Its Historical Roots and Provisions between Islamic Sharia and Iraqi Law A Comparative Study
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 2, December 2024, Pages 855-874 PDF (1.44 M)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.184969
Author
Muzaffar Ziyad Hamad^*
Erbil
Abstract
This research contains an important issue related to the taking of the life of an innocent and weak fetus, in which we explained the historical roots of abortion and its meaning from the linguistic, terminological, legal, and medical aspects. It deals with the types of abortion, its purpose, and its rulings, between allowing and prohibiting it in Islamic law according to what ancient and contemporary jurists have stated, explaining its necessary cases. Treatment, fetal deformity, illness, or serious injury, and we also shed light on how the Iraqi Penal Code deals with it, allowing it or punishing the one who does it. Doctors and legal scholars have defined it with many definitions, all of which revolve around one fact, which is the killing of a fetus in the womb of its mother, whether intentionally or by necessity.As for the terminology, jurists have defined it as something that does not fall outside the scope of miscarriage, and they have indicated that it is a woman aborting her fetus, whether it is her own or someone else's. Jurists have called the process a crime against the fetus, abortion, or miscarriage.As for the terminology of doctors, they have defined it as "the exit of the contents of the uterus before twenty-eight weeks have passed.It is not called abortion from a medical perspective
Keywords
abortion; history; Sharia; law

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