چکیده:
The various forms of abortion and its punishment in Iranian criminal law and the explanation of the jurisprudential foundations, the relevant punishment, and the removal of some ambiguities from the Islamic Penal Code is the subject of the article before you. In principle, abortion from the beginning of pregnancy in Iranian law, following Imami jurisprudence, has been prohibited and carries civil and criminal liability, to the extent that even in cases such as those derived from Article 622 of the Islamic Penal Code and the explicit Article 91 of the former Ta'zirat Law, retaliation (Qisas) has also been considered for the perpetrator. The author believes that according to reliable Islamic sources and the fatwas of some great jurists, the punishment of Qisas for intentional abortion is not permissible, and in this regard, the mentioned punishment should be moderated and a fundamental revision should be made to Article 622 of the Islamic Penal Code. Especially since the implementation of such a punishment, i.e., Qisas, against intentional abortion is contrary to social interests and does not achieve the goals that law pursues through legislation, namely: establishing security, public order, and ensuring the implementation of justice and fairness; and it makes our jurisprudence—which, as the late Imam said, '...is a real and complete theory of human management from the cradle to the grave' [Sahifa al-Imam, Vol. 21: 289]—appear harsh. This article has been prepared with such a request and in the hope of amending Article 622 of the Islamic Penal Code.
خلاصه ماشینی:
In principle, abortion from the beginning of pregnancy in Iranian law, following Imami jurisprudence, has been prohibited and carries civil and criminal liability, to the extent that even in cases such as those derived from Article 622 of the Islamic Penal Code and the explicit Article 91 of the former Ta'zirat Law, retaliation (Qisas) has also been considered for the perpetrator.
In response, we must say that, in our opinion, such a mother cannot be punished for complicity in the abortion operation; because although it is true that such a woman, due to paying money, encouragement, and ultimately compliance with the midwife and facilitating the crime by her, is considered an accomplice according to Article 43 of the Islamic Penal Code, and according to Article 726, any person who assists in Ta'zir crimes shall, as the case may be, be sentenced to the minimum punishment prescribed by law for that same crime, and the punishments of Articles 623 and 624 are also, by virtue of their mention in the Book of Ta'zirat, a Ta'zir punishment, and consequently such a mother should be sentenced to the minimum punishment, which is two years of imprisonment; however, Article 489 only sentences the woman who has attempted to abort the fetus to Diyah and has not considered a prison sentence for her as the direct perpetrator.
4) Traumatic abortion: If the perpetrator, knowingly and intentionally, causes the abortion of a fetus through striking or harassing a pregnant woman, in this case, according to Article 622 of the Islamic Penal Code, in addition to paying blood money or retaliation (qisas), they shall also be sentenced to imprisonment from one to three years, as the case may be.
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