Theory of Self-Defense in Aboration

Subject Areas : All jurisprudential issues

Azghar Arabian ^{1 *}

1 - استادیار دانشگاه آزاد اسلامی، واحد علوم و تحقیقات، گروه فقه و حقوق، تهران، ایران

Received: 2011-06-21 Accepted : 2011-07-10 Published : 2010-03-21

Keywords: Aboration, legitimized self-defense, Medically&#x0D, &#x0D, Aboration,

Abstract :

Abortion is considered both as a crime and a social necessity (atleast according to those committing the termination) which roots insocio-cultural and politico-economic conditions. However, abortionmight become medically inevitablety, since continuation of thepregnancy may hurt fetus, mother or both of them. Beforeensoulment, if the mother’s life is in dander, all Sunni and Shiafaqihs (jurisprudents) permit abortion. In case of hardship for themother, most of the faqihs allow it. Some Sunni faqihs have gone sofar as consider it mobah (halal).In case of ensoulment (beginning of human life in the fourthmonth), traditional Sunni and Shia faqihs do not permit abortion,while some of the contemporary ones authorize it in some specialconditions. My article will focus on the case of danger for mother,which, in my opinion, is permitted, as a case of legitimized selfdefense,by Sharia and common sense. In case of conflict betweentwo wajibs (obligations), mother has the right to protect herself. Soabortion in this case is authorized, and the physician and the nursewill have no civil and penal liability. Although some faqihs do notpermit abortion in such cases, some others, with special emphasison common sense, allow it.