An Analysis of Abortion in Iranian Law and Imamia Fiqh: a Cursory Look at International Law

Abstract

The pregnancy is considered to be a beautiful and pleasing event from a medical and social perspective, and conversely abortion is seen as a social problem in all human societies, and a universal inevitable phenomenon, particularly in different populous countries and can undermine the general health of family and society. On the other hand, in addition to legal and juristic (Fiqh) considerations, abortion is concerned with a combination of medical, psychological, moral and philosophical issues. Unfortunately, due to cultural and economic poverty, people commit the illegal act of abortion which can afflict mother with severe consequences and mental disorders after and before abortion. Abortion violation is an illegal practice pertinent to women and this social problem has affected criminologists and lawyers opinions. From a juristic (Fiqh) point of view, abortion is taken into consideration before and after birth of the infant, and mothers are considered as the most critical pillars of the society due to their fundamental roles in nurturing and developing constructive personalities into the society, taking care of their husbands and finally strengthening the basic pillars of family. Nowadays, among a myriad of countries throughout the world, only twenty six countries including UK, China, France, Russia and Germany(since 1948 and by adopting relevant regulations) regarded abortion as a completely legitimate and valid act, and in Australia, abortion is a crime and doer should be punished. Punishment is not the most influential practice to prevent or reduce abortion. This is because this illegal act is committed by the formal consent of fetus's parents, a doctor or other persons in a completely secret manner and with a high rate of incidence.