خلاصة:
The fetal screening program, aimed at safeguarding maternal and fetal health, was approved and implemented in 2005. Objective: This program concerns preventing hazardous pregnancies for mothers and the birth of disabled infants, thereby alleviating familial and societal challenges, particularly economic burdens. Method: This study employs a descriptive-analytical approach. Findings and Conclusion: The Findings and existing statistics indicate these tests and ultrasounds exhibit significant errors, which have led to fetal abortions and population decline. From the moment of conception, a fetus possesses life, rights, and human dignity, so much so that prayers for it are answered. Consequently, deliberate abortion is impermissible, and the offender is obliged to pay restitution based on the fetus’s gestational age. Accordingly, fetal screening encounters jurisprudential and legal challenges. Despite prohibitions on abortion, its incidence has not diminished, as laws have failed to halt the practice; instead, they have contributed to increased maternal mortality from unauthorized abortions—a fact supported by international studies. Thus, this study evaluates the prohibitions and limitations on fetal screening, the jurisprudential and legal challenges associated with therapeutic abortion laws, and secondary jurisprudential rules such as the rule of La Haraj (denegation of hardships), among others.
ملخص الجهاز:
e) Abortion Law: In the single article of the abortion law approved by the Islamic Consultative Assembly in 1384, it is stated: "Abortion treatment, with the diagnosis of three specialist physicians and the confirmation of forensic medicine regarding the disease of the fetus which, due to developmental delay or being malformed, causes hardship (haraj) for the mother, or a disease that is accompanied by a threat to the mother's life, is permissible before the breathing of the soul (four months), with the consent of the woman, and no punishment or responsibility shall fall upon the direct physician.
f) Amended Abortion Law: The text of the single article has been arranged as follows: "Abortion treatment, with the definitive diagnosis of three specialist physicians and the confirmation of the forensic physician regarding the disease of the fetus which, after birth, causes hardship for the parents or the child, is permissible before the breathing of the soul (four months) with the consent of the wife and husband and a certificate from a competent court, and no punishment or responsibility shall fall upon the direct physician.
Based on Article 56 of this law, intentional abortion of the fetus is prohibited, and for the mother and those who have played a role in the intentional abortion—whether the father, physician, or any individual who has caused harm leading to the abortion—punishments such as blood money (diya), imprisonment, and revocation of the medical license have been considered.
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