Interference Rule in Therapeutic Abortion

Subject Areas : Private law

Jalodin  Ghiasi ¹ (دانشگاه قم)
Zahra  Habibi ² (دانشگاه قم)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Therapeutic Abortion, Mother threatening, Mother health, Interference rule, Rule of most important and important,

Abstract :

Therapeutic abortion is a kind of termination of pregnancy that has medical application. Although act to abort is considered forbidden in the most of the legal systems, but in some cases, exceptionally it is allowed one case in which the abortion is allowed is interference rule. According to this rule, due to abnormality of embryo and keeping mother&#39s health, the abortion is possible before insufflations of spirit and based on single article of Therapeutic Abortion, but in accordance with the single article, after insufflations of spirit, abortion is impossible. Therefore, by virtue of note of Art. 718 of Islamic Penal Code approved in 2013, in order to keep mother&#39s health, the abortion is allowed even after insufflations of spirit. The jurists prescribe abortion before insufflations of spirit for therapeutic cases. Some of jurists believe that even after insufflations of spirit in the embryo, if it would be proved that existing of embryo threaten mother&#39s health, abortion of such embryo is allowed It looks that the jurists who don’t believe in abortion after insufflations of spirit, if state their reasoning based on interference rule- most important – important, then they change their idea. In the other word, intellectually we can diagnose that due to reduce more damage, the theory of abortion even after insufflations of spirit shall be empowered and identified and executed