Abortion in Iranian legal system

Dublin Core

Title

Abortion in Iranian legal system

Author

Abbasi, Mahmoud
Shamsi Gooshki, Ehsan
Allahbedashti, Neda

Publisher

2014/02/00

Language

English

Publication Date

20140200

Abstract

Abortion traditionally means, 'to miscarry' and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported

Abstract Translated

abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as 'Blood Money' and 'Ensoulment' entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of 'Therapeutic Abortion Act' (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

Primary Classification

12.4.1

Secondary Classification

12.4.1;12.3;12.4.2

Primary keywords

Islamic ethics--[pri];therapeutic abortion--[pri]

Secondary keywords

fatwas;fetal development;historical aspects;legislation;legal liability;maternal health;prenatal diagnosis

Subject

Iran--[pri]

Subject

Shi'a--[pri]

Journal Article

Iranian Journal of Allergy, Asthma, and Immunology2014 February; 13(1):71-84

Note

Creative Commons Attribution-NonCommercial 3.0 Unported License

Call Number

citation

Bibliography

70 refs

ISSN

17351502 (print);17355249 (online)

Collection

IMSE Database

Citation

“Abortion in Iranian legal system,” Islamic Medical & Scientific Ethics, accessed January 16, 2025, https://imse.ibp.georgetown.domains/items/show/37695.