Feasibility of the Prescription (Authorization) of Abortion for Fetal Anomalies by the Rule of Impediment from the Perspective of Imāmīyyah Jurisprudence
Some of these diseases in the present time, can be diagnosed at the time of pregnancy to a certain (reliable) extent with the help of medical tests. The difficulty of raising such babies, along with the primary prohibition of abortion, places the legality of incomplete abortion (defective abortions)...
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| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Razavi University of Islamic Sciences
2023-02-01
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| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_1286_525dd0e46b9b907e2d64d77a7f7efb83.pdf |
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| Summary: | Some of these diseases in the present time, can be diagnosed at the time of pregnancy to a certain (reliable) extent with the help of medical tests. The difficulty of raising such babies, along with the primary prohibition of abortion, places the legality of incomplete abortion (defective abortions) before researchers of jurisprudence and law and most of the contemporary jurists have accepted the legitimacy of incomplete abortion to some extent and have justified it by referring to the rule of negation of impediment (Arabic: لا حَرَج, no difficulties) and the result that also obtained in the single-clause bill approved in 2014. The new mentioned issue has been examined from a jurisprudential point of view in this article, and the arguments of the jurists in this field are from the point of view of minor premise (the difficulty of continuing the pregnancy), major premise (the ability of the rule of impediment (Arabic: لا حَرَج, no difficulties) in allowing abortion) and thematology (vegetative nature of the fetus) is challenged and obligation to the legality of abortion in the mentioned case has foundations, functions and requirements that even those who say it cannot accept. |
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| ISSN: | 2251-936X 2783-3690 |