The Possibility of Imposing Therapeutic Abortion of the Fetus by the (Vali) Father

Afshari Ghoochani, Zohre

doi:10.30497/flj.2013.59311

The Possibility of Imposing Therapeutic Abortion of the Fetus by the (Vali) Father

Document Type : Specialized Article

Author

Zohre Afshari Ghoochani

10.30497/flj.2013.59311

Abstract

These days the protection of unborn lives falls in the forefront, however one of the fundamental rights of women which was ratified in the 1384 legislation, is therapeutic abortion. Accordingly as long as it is done for valid reasons it is acceptable.
The philosophy behind the therapeutic abortion is to support the mother’s life when the continuation of pregnancy is endangering her life according to the rules of prohibition of hardship and difficulty (usr and harj), tazahum, the prohibition of loss (lazarar) leaving either the mother or fetus alive. Scholars argue that the mother is the origin of the fetus; therefore women’s right regarding the abortion of the fetus should not violate the man’s right and ignore his consent. The question which arises is that if the mother, despite all legal requirements does not consent to the abortion, does the father have the right to force the abortion?
In this article while studying theological principles and legal reasoning regarding the above mentioned rights, the writer has come to the conclusion that if the mother neglects her physical crisis and insists on keeping the fetus, the father as the guardian of the family should be given the right to impose the abortion if the pregnancy is going to result in the birth of a sick baby or endanger the mother’s life.

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