A comparative study of the right to life of a sick fetus from the point of view of Islamic religions

Subject Areas : Population

Azadeh abdi abyaneh ¹ , younes vahedyarijan ² , maryam ebn torab ³

1 - Ph.D student, Department of Law and Jurisprudence, North Tehran Branch, Islamic Azad University, Tehran, Iran
2 - - Assistant Professor, Department of Sociology , NorthTehran Branch, Islamic Azad University, Tehran, Iran
3 - - Assistant Professor, Department of Law and Jurisprudence , North Tehran Branch, Islamic Azad University, Tehran, Iran

Received: 2023-12-13 Accepted : 2023-12-30 Published : 2024-05-11

Keywords: cultural transformation, Right to life, sick fetus, Islamic Religious Jurisprudence,

Abstract :

The discussion is about the fetus' right to life, and since the right to life in Islam is considered a special right for all human beings, regardless of development stage, age and other conditions, as a primary and fundamental human right, it is preferred over other rights.The fetus' right to life does not have any place, and as a general ruling, and abortion is not allowed except in rare cases that require conflict, urgency or hardship.The findings of the research show that although it is difficult to determine a specific criterion about it, but the results and achievements of study of the works of experts and the collected information and their criticism indicate that in the cases of the permission of abortion from the point of view of the five religions, two criteria can be introduced. The first criterion is the definition of the fetus in relation to the stages of its development, which is a matter of dispute between the jurists of different religions and is effective in the primary ruling; the second criterion is based on the foundations of the secondary rulings, which itself is divided into two types of conflict between the fetus' rights and the mother's rights, which is mostly agreed upon by the jurists, and the second type is titles such as distress and constriction, which, based on the differences of opinion of the jurists on the issue of the jurisdiction of the rule, lead to more differences of opinion.