Jurisprudential and Legal Challenges of Abortion Resulting from Illicit Relations: A Focus on the Family and Youth Population Protection Law of 2021

Kazemi, Seyeِِd Sajad; Rezaei, Mehdi

doi:10.22034/ijs.2026.743630

Jurisprudential and Legal Challenges of Abortion Resulting from Illicit Relations: A Focus on the Family and Youth Population Protection Law of 2021

Articles in Press

Document Type : Original Article

Authors

Seyeِِd Sajad kazemi ¹

Mehdi Rezaei ²

¹ Associate Professor, Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran

² PhD Student in Criminal Law and Criminology, Al-Mustafa International University, Qom, Iran

https://doi.org/10.22034/ijs.2026.743630

Abstract

Abortion of a fetus resulting from illicit relations is one of the most complex jurisprudential and legal challenges in the fields of medicine, law, and ethics. The enactment of the Family and Youth Population Protection Law of 2021 has introduced new ambiguities and restrictions regarding this issue. This topic, particularly physician liability and victim protection, has received limited scholarly attention. The aim of this study is to examine the jurisprudential and legal challenges governing abortion of fetuses resulting from illicit relations, identify existing legal gaps, and propose legal solutions for the revision of the relevant laws. This applied study used a descriptive-analytical approach and relied on library-based research. The findings indicate that the legislator has made no distinction between legitimate and illegitimate fetuses, and that a physician’s liability, when abortion is permissible, is based on fault in both cases; however, if the abortion is performed outside the legally limited circumstances, the physician commits a crime and bears liability in all cases. Meanwhile, some contemporary jurists, relying on the principles of “la-haraj” and “la-zarar,” have considered abortion in such cases potentially permissible, particularly in cases of sexual assault and incestuous adultery. Revising existing laws to explicitly recognize the permissibility of abortion in cases of rape and incestuous adultery, simplifying legal procedures for abortion, establishing specialized commissions, and providing judicial protection for victims are essential measures for resolving legal ambiguities, reducing jurisprudential challenges, and protecting victims.

Keywords

Fetus

Pregnancy, Abortion, Illegal, Abortion, Criminal, Ethics, Medical

1. Nayebzadeh, & Ashraf. (2023). A
jurisprudential-legal study of abortion in the Iranian legal system and its legal gaps. Jurisprudence and Fundamentals of Islamic Law, 16(2), 163-179.

2. Taherbakht, Mohaghegh Damad, & Maryam
Al-Sadat (2023). Jurisprudential-legal challenges of therapeutic abortion in the light of the law on the protection of the family and youth of the population. Jurisprudence and family law.

3. Shariati, Nasab (2022). Abortion due to maternal distress, in the law on the protection of the family and youth of the population. Research on deviations and social issues, 4(2), 127-155.

4. Barghi, Mohammad Mehdi, & Rasti (2023).
An analysis of the criminal policy of the law on the protection of the family and youth of the population approved in 1400 regarding criminal abortion and related crimes. Scientific Research Journal of Medical Law, 17(58), 311-324.

5. Akrami Seyed Mohammad, Parvin Khairallah
& Razmjoo Mohaddeseh. (2021). Legal study of fetal health screening and therapeutic abortion in the Youth Population and Family Support Project.

6. Moghaddasian, Delara, Shojaei & Saini (2023). Conditions of abortion from the perspective of medicine, jurisprudence and criminal law in the light of maternal health. Comparative Criminal Jurisprudence, 9(3), 102-111.

7. Aslani, Hamid Reza (2015). The concept and position of fault in compulsory and contractual civil liability, Specialized Journal of Theology and Law,
Vol. 15-14, pp. 52-51.

8. Milanloui, Shaghayegh & Arab Asadi (2025). Developments in the legal systems of the United States of America and Iran in the field of abortion. Comparative Law Research Journal, 9(2), 141-167.

9. Katouzian, Naser (2018). Civil Liability, Vol. 1, Tehran, 11th Edition, Tehran University Press, p. 48.

10. Beigi, & Jamal (2022). Feasibility of Criminalizing In vitro Abortion in Iranian Criminal Law. Jurisprudence and Penal Law Teachings, 1(1), 21-36.

11. Elahimanesh, Mohammad Reza (2017). Criminal Law and Medical Malpractice, Tehran, Majd Publishing, p. 22.

12. Golduzian, Iraj (2017). Specialized Criminal Law, Volume 1, Issue 12, Tehran, p. 163.

13. Hosseini, Ali. (2017). Methods of Patient Treatment, Savalan Publishing, Tehran, p. 17.

14. Abbasi, Mahmoud (2017). Medical Liability, Part 2, Legal Publications, p. 23.

15. Rouhani, Mohammad. (2016). Medical Laws, Tehran, Ferdows Publication, p. 77

16. Safaei, Hossein (2017). Physician's Guarantee, Tehran, Jame'e-Nagar Publication, p. 154.

17. Michel, Lorraine (2016). Civil Liability, translated by Mohammad, Ashtari, Part 2, Tehran. Dadgostar Publications, p. 24.

18. Shirazi, Mohammad Ali (2017). Fundamentals of Civil Liability, Physicians, Farda Publications, Tehran, Part 3, p. 89.

19. Ismaili, Hossein (2015), The study of abortion in case of endangering the lives of mothers and fetuses, Quarterly Journal of Medical Jurisprudence, seventh year, No. 22 and 22, Spring and Summer, pp.
106-75-75.

20. Khomeini, Ruhollah (1372), Clarification of Issues, Tehran, Publishing Organization of the Ministry of Culture and Islamic Guidance.

21. Mostafa Groom Researcher (2005), Research on Abortion and Its Effects, Journal of Medical Ethics, No. 5, pp. 156-170.

22. Nemati, Zahra: Omani Samani, Reza (2012), Elimination of the four-month restriction in medical abortion law: compliance of the law with medical ethics, bi-monthly journal of medical ethics and history, Medical Ethics and History Research Center of University of Medical Sciences and Health Services, 2 31, pp. 22-39.

23. Zand, Bahram; and Almasi, Ali (2023). Jurisprudential and legal analysis of the civil liability of physicians in therapeutic abortion after the approval of the Family and Youth Protection Law. Medical Law Quarterly, 17(62), 45-68.

24. Ghasemi, Javad; Shams Natri, Mahmoud; and Rezaei, Mehdi. (2022). Iran's criminal policy towards abortion with emphasis on the 1400 Youth Protection Law and the challenges of the criminal liability of physicians. Journal of Comparative Law Studies, 25(3), 112-135.