Dergiler / Marmara Üniversitesi İlahiyat Fakültesi Dergisi / 2014 / Cilt: 0 - Sayı: 45

According to islamic law termination of pregnancy.

According to islamic law termination of pregnancy.

Sayfa
111–154
DOI
—

Abstract

Humanity, since very old times, has attempted to terminate the pregnancy with this or that reason, and it still attempts to do so. But so far we do not know any legal system -divine or human- that allows the killing of fetus, which considered alive. Therefore, the problem of ‘in which stage the fetus will be considered alive’ has emerged as a major debate in all legal circles. The intentionally killing of fetus has not been mentioned in Qur’an and Hadith. During the formative period of Fiqh intentional or accidental killing of the fetus discussed in criminal law, after the first four-century of Hegira we see some discussions on the permissibility of killing the fetus within certain period for birth control. For this purpose, due to lacking medical information the verses and hadiths have been misinterpreted and has been said that it is permissible to terminate the pregnancy up to a certain stage. This article will analyze the permissibility of interference in pregnancy according to Islamic law.