An analysis & new point of view for the word nemesis in 622 article of the penal law established at 1392
Subject Areas : فقه و مبانی حقوق
Seyed Ali Rabbani Mousaviyan
1
(2Assistant Professor , Jurisprudence and Law, Islamic Azad University, Islamshar Branch, Islamshahr, Iran)
Roghayeh Nasiri
2
(1Masters of Jurisprudence & Islamic Law, Islamshaher Islamic , Azad University, Islamshahr Branch, Islamshahr, Iran.)
Keywords: Other Countries, The Punishment of Abortion, Qisas, Intentional Abortion, Article 622 of the Islamic Penal Code,
Abstract :
Abortion is said to be either deliberate or self-embryo extinction before being able to live outside the womb. One of the kinds of abortions is the intentional abortion of the fetus. There is a dispute between the Islamic jurists and the lawyers about the punishment of this type of abortion. The famous jurisprudents consider it punishable as Qisas , as the Islamic Penal Code of 1370 has also stated on this basis. In the New Penal Code of 1392, this term is ambiguous. In this research, it has been tried to reveal this ambiguity with an analytical review of the word qisas in Article 622 and to explain the correct view. Meanwhile, in the introduction, there is a brief glance at the laws of other countries on the issue of abortion and, while providing statistical information on this, will clarify the position of Iran's laws in discussing abortion with the laws of other countries. Findings of the research suggest that like many countries , Iranian domestic laws, considering the impact of religion and human aspects, , except in certain cases, do not allow this practice, and also shows that the purpose of the term "qisas" according to the evidence Legal evidence and jurisprudential principles. Contrary to the famous point of view, there should be Qisas against the full fetus whose soul has been blown in, not one against the mother, as the famous Islamic jurisprudents point out this view.
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