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Abortion between Fiqh and Law A comparative Study

dc.contributor.advisorشفيق عياش
dc.contributor.authorسائده عز محمد سالمar
dc.contributor.authorSaida Izz Mohammad Salemen
dc.description.abstractThis study includes two chapters preceded by preliminary. In the preliminary, we have tackled the meaning of fetus linguistically and idiomatically in the first requirement, developmental stages, creation of fetus in the second requirement .Moreover, in the first chapter, I have focused on abortion in the first chapter in Islamic fiqh, I have presented a historical summary about abortion before and after Islam. I have clarified types of abortion, pillars and its rule in Islamic fiqh .At the end of the first chapter; I have clarified the punishment of Islamic fiqh through six subjects. I have concluded in my thesis to the transcendence of Islamic Sharia and its superiority on other legislations particularly concerning phenomena of shari care to fetus .In the field of punishments the Islamic fiqh has postponed implementing Islamic penalties on the pregnant woman except after getting birth on contrary to secular laws in Arab and Western countries particularly –Palestinian Law draft –the compulsory order is to postpone implementing sentence penalty on pregnant woman .However, if penalty is not sentence to death , postponing is a permittable order approved or not approved by the judge. It has been clarified to us that causing a problem for a fetus after inserting life in him is considered a killing for a believing member without a right and that there are some illness cases that elicit sacrificing in a fetus to conserve mother's life provided that these 15 cases are specified by a Muslim physician who is honest and trusted within the conditions and restrictions of Islamic sharia .These cases represented in abortion of pregnant woman resulted from adultery or practicing raping by force although there are differences in opinions of religious scholars concerning these. The second chapter has tackled abortion in secular law in some Arab and Western countries –Palestine is a model-as I have tackled particularly the Palestinian law draft concerning abortion, where in the first subject I have tackled the legal concept of abortion and I have distinguished between abortion and other similar actions similar to it. The second subject, I have clarified the pillars of abortion crime have displayed types and forms of abortion crime in the third and second subject. In the fifth subject, I have tackled the crime of abortion in some Arab and Western laws –Palestine is a model .At the end of the second chapter, I have discussed penalties resulted from abortion crime in secular law. The thesis has reached general rules in law that matches with Islamic fiqh in allowing abortion for fetus and saving mother's ;life from certain danger. Abortion can be described as misdemeanor if it occurs with the pennant's approval and it may be considered as a crime if it occurs forcibly and it may be accompanied by certain circumstances that emphasize or lessen the penalty. It has been shown to us that the penalty of abortion according to Muslims is a financial penalty (Deya (financial compensation ) if a fetus is born alive , then killed by a criminal and Al-Gharra if born dead) . Except some of religious scholars who tended to say that if the fetus was born alive because of bad misbehavior against a fetus is 16 retribution if the aggression occurred deliberately , while the abortion penalty based on secular law is imprisonment is the [penalty misdemeanor. A legislator has considered abortion to crime level and considered penalty is firm imprisonment in certain cases. This study has revealed the fiqhi and legal concept of abortion; it has reviewed the opinions of religious scholars and lawyers in the subject of abortion. This study has distinguished between the views of fiqh and law in this subject, it has also reviewed some statistics listed within this subject and risks resulted from it in the life of the Western, Arabic and Palestinian communities. We appeal through this study to legislator the necessity of issuing a law to protect the fetus in order to him to be a subject of playfulness or trials of others. We also request not to tolerate in legislating penalties on crime of abortion and to cancel any legal article that states not to punish for implementing abortion as a fetus at the end is a human soul who needs legislations that conserve this human soul and to punish everyone tries to cause problems for this creatureen
dc.publisherAL-Quds Universityen
dc.publisherجامعة القدسar
dc.subjectالدراسات الاسلامية المعاصرةar
dc.subjectContemporary Islamic Studiesen
dc.subject.otherدراسات علياar
dc.subject.otherرسالة ماجستيرar
dc.subject.otherHigher Studiesen
dc.subject.otherMaster Thesisen
dc.titleالإجهاض بين الفقه و القانونar
dc.titleAbortion between Fiqh and Law A comparative Studyen
dc.contributor.examinerد. عروة صبري
dc.contributor.examinerعبد المنعم أبو قاهوق

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