Felonies Against Illicit Pregnancies (Womb Crimes) Between Islamic Sharia and Positive Law: A Comparative Study

Abstract

Abstract:

The research deals with the issue: (the felony of carrying incest between Islamic Sharia and positive law), and presents it in an introduction, three sections, and a conclusion.

The introduction included the talk about: Islam's mercy to the worlds, and the first topic: included the talk about: abortion in terms of its reality and related words.

As for the second topic; So we called it: Abortion of a pregnant woman without legal marriage, whether the woman is willing or forced.

As for the third topic; So we called it: the felony of incest’s pregnancy in positive law, explaining the doctrines of man-made legislation in the abortion of incest’s pregnancy with comment and revision.

Then the study was concluded with the most important results that were most likely for the researcher, including: that there is nothing wrong with natural abortion; Because it is purely a test from God, and there is also nothing wrong with a therapeutic abortion, according to agreement, if the skilled doctor acknowledges that the mother’s safety is at risk.

In our opinion, it is more likely: the prevention of abortion of the deformed fetus, whether the deformity is suspected or resected, and the prohibition of abortion of the fetus in all its stages, for any motive whatsoever; And if the pregnancy was from incest, with consent or coercion, legally and legally.