Jurisprudential Investigation of Abortion in Iran's Legal System and its Legal Loopholes

Subject Areas :

Ashraf Nayebzade ¹ (استادیار گروه فقه و مبانی حقوق اسلامی، واحد تاکستان، دانشگاه آزاد اسلامی، تاکستان، ایران.(نویسنده مسؤول))

Received: 2024-01-09 Accepted : 2024-01-09 Published : 2023-08-23

Keywords: abortion, Therapeutic Abortion, criminal abortion, blast of soul,

Abstract :

Nowadays, abortion is one of the most challenging issues in the field of women's and family rights which can be considered as a consequence of various developments. Additionally, it is closely related to human and women's freedom rights, the interests of governments, and the society. The contemporary legal approach consists of two completely opposite aspects of criminalization and decriminalization. In Iran's legal system, which is based on Imami jurisprudence, abortion is forbidden and criminalized, except in some cases.  Abortion has been rising due to different reasons. First, because of the ambiguity of the law and related legal loopholes secondly, due to the disagreement of Shia jurists on the permissibility/non-permissibility of abortion before and after the blast of the soul. Threrefore, the issue needs further revision and investigation. In this article, applying the analytical descriptive method and emphasizing the importance of population growth and preventing negative population rate, the author tried to examine the nature of abortion and the causes and conditions of its permissibility or prohibition in Iran's jurisprudence and legal system, and investigate the necessity of its reviewing, and confirm the complementary actions related to abortion laws.