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

Document Type : Original Article

Authors

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

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


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