خلاصة:
Some of these diseases in the present time, can be diagnosed at the time of pregnancy to a certain (reliable) extent with the help of medical tests. The difficulty of raising such babies, along with the primary prohibition of abortion, places the legality of incomplete abortion (defective abortions) before researchers of jurisprudence and law and most of the contemporary jurists have accepted the legitimacy of incomplete abortion to some extent and have justified it by referring to the rule of negation of impediment (Arabic: لا حَرَج, no difficulties) and the result that also obtained in the single-clause bill approved in 2014. The new mentioned issue has been examined from a jurisprudential point of view in this article, and the arguments of the jurists in this field are from the point of view of minor premise (the difficulty of continuing the pregnancy), major premise (the ability of the rule of impediment (Arabic: لا حَرَج, no difficulties) in allowing abortion) and thematology (vegetative nature of the fetus) is challenged and obligation to the legality of abortion in the mentioned case has foundations, functions and requirements that even those who say it cannot accept.
ملخص الجهاز:
Feasibility of Prescribing Abortion of Malformed Fetuses via the Rule of 'La Haraj' (No Hardship) from the Perspective of Imami Jurisprudence 1 ( Zohreh Hajian Forousani 2 ( Mohammadreza Hamidi 3 Abstract The birth of infants with physical and mental disabilities occurs more or less in all societies and at all times.
has been examined from a jurisprudential perspective, and the reasoning of jurists in this regard has been challenged in terms of minor premises (the hardship of continuing pregnancy), major premises (the applicability of the 'La Haraj' rule in permitting abortion), and ontology (the vegetative nature of the fetus).
This article states: "Therapeutic abortion, based on the definitive diagnosis of three specialist physicians and forensic medical confirmation of a fetal disease that causes hardship for the mother due to developmental delay or malformation, or a maternal disease accompanied by a threat to the mother's life, is permissible before the infusion of the soul (four months) with the woman's consent, and no punishment or responsibility shall fall upon the direct physician.
In contrast, another group of jurists maintains that if the defect and disease of the fetus are to such an extent that caring for it after birth causes hardship (usr and haraj) for the parents, then abortion is permissible; provided, however, that it takes place before four months (Hosseini Khamenei, 1420: 2/31; Makarem Shirazi, 1426: 241; Mohseni, 1424: 1/66; Fazel Movahedi Lankarani, n.
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