Abstract

Abortion refers to an act in which a woman removes her fetus from her womb and it does not matter whether it is before the soul inspiration or after it or whether it is done by the subject or caused by another factor. Different types of abortion include: natural,spontaneous,medical and criminal. There are different sentences in case of abortion after 120 days such that the jurists’ ideas are different in a religion that can be divided into three classes: 1- after the formation of the embryo in the womb for 40 days that is the first stage of fetal growth,2- before soul inspiration in the body that is before the day 120thand 3- after soul inspiration in the body that is after day 120th. Hanafi jurists believe that abortion before soul inspiration is acceptable with religious excuse,according to Maleki jurists after the embryo formation is forbidden,according to Shafei jurists it is reluctantly permissible within 40 days of pregnancy and after that it is impermissible and according to Hanbali jurists abortion is permissible in the first 40 days and it is also allowed before soul inspiration. In the case of abortion it is subject to two theories: 1- abortion is absolutely not allowed,2- permission of abortion under conditions such as: 1- abortion before the first stage (40 days) or before soul inspiration,2- the fact that fetus is completely disabled but if the disability is partial such as: blind,lame … and has the ability to live,its abortion due to this disability is not permissible,3- If the impartial doctors certify abortion and they are not less than two people,abortion in case that mother’s life is at risk is subject to two options: 1- impermissible because mothers’ death is imaginary,2- permissible because mothers life is certain but the fetus life is not. The jurists have divided fetal life into two general parts: before and after the soul inspiration and all of them agree that by the formation of the embryo the foundation of life has been established and the weak possibilities or non-religious personal demands should not be included unless there is an excuse in which the abortion is preferred. Any excuse cannot be an excuse for abortion,however some of the scholars consider abortion allowed at the time of conception but there should be and excuses that has a legal status. Due to various reasons it can be concluded before the soul inspiration abortion is permitted due to the excuses such as: 1- inevitable loss without any doubt,2- there is no other way to prevent loss,3- the fear of destruction,4- it is better to perform abortion rather than doing the religious act,5- it is malformed and 6- mother suffers from debilitating weakness. However after the soul inspiration the scholars agree that,abortion is not permitted unless diagnosed by a committed and faithful specialist that the mother’s life is in danger. Some scholars believe that if it is determined that the fetus is deformed he will be faced with problems in future,it can be an excuse for abortion. It should be noted that weak and vain possibilities for abortion are not permitted and if it is done,it is a murder. However under all these excuses if the abortion is conducted,it requires repentance and forgiveness because one life has been violated. � 2016,International Journal of Pharmacy and Technology. All rights reserved.