Document Type : Original Article
Authors
1
Faculty member of Bu Ali Sina University / Faculty of Humanities / Department of Law education PhD / Jurisprudence and Fundamentals of Islamic Law
2
Al-Zahra (pbuh) student of the third level of jurisprudence and the principles of society and a doctoral student in jurisprudence and the basics of Islamic law, Bu Ali Sina University
Abstract
Abstract
From the perspective of Imamiyyah jurisprudence, the injunctive ruling of abortion in the two cases, before and after the entering of the soul, is prohibition, and the penalty of the one who performs the abortion, according to Islamic laws, is the payment of Diyah. The emergence of secondary titles in certain cases is an exception to the ruling of prohibition prior to the entering of the soul, and if these titles occur, jurisprudents believe in the permissibility of abortion. Therefore, recognizing the time of the entering of the soul as the boundary that determines prohibition and permissibility is of great significance. The present article, employing the descriptive-analytical method and utilizing library data, both real and cyber, scrutinizes the concept of the right to life according to the verses of the Qur'an, and then using interpretive narratives pertinent to the verses of the Holy Qur'an and analyzing the word fetus in them, assesses the time of the entering of the soul. The investigations carried out reveal that according to the verses of the Holy Qur'an, the breathing of the soul as a stage of human evolution creates a blessed bond between human’s body and soul, and it can be said that the very reference by the verses indicates that a distinction should be made between the animal soul and the human soul, and in order to grasp the entering of the human soul, the conventional meaning of life and coming to life of the fetus should be perceived by referring to convention. Thus, in case of doubt and lack of certainty about the realization of the phenomenon of the entering of the soul, relying on the rule of caution in issuing verdicts of death, in doubtful cases, the given ruling should be the impermissibility of abortion.
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