Iranian Journal of Medical Ethics and History of Medicine

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Zotero  

Moeinifar M. Contradiction between Mother's Right and the Right to Life of the Fetus in the View of Legal Systems. IJMEHM 2019; 12 :422-437
URL: http://ijme.tums.ac.ir/article-1-6030-en.html

In general, there are four types of policies in the world in relation to the issue of abortion, based on five basic approaches such as social, feminist, liberal, population-based, and religious-based. Each of these approaches provides a solution to the conflict between mother's rights and the right to life of the fetus, so based on the first three perspectives, abortion is permissible and based on the fourth view, it can be permissible or not and finally according to the religious view (Islam and Christianity) the abortion is forbidden. In the present paper, we tried to answer the main question by using the descriptive-analytical method, why in some of these approaches the right of the mother is preeminent, but in others, the right to life of the fetus proceeds? It seems that the way of Islamic legal system seems to be more logical, because in Western countries the rights of parents are always prioritized in the conflict between the rights of children and their parents. However, in the legal system of Islam, in addition to the moral orders, there are some principles that are anticipated to prevent the conflict of the rights of these two groups and the unequivocal predominance of one on another.