حكم اسقاط الجنين المشوه بين الشريعة والطب

Abstract

Jurists are not in agreement on a unified definition for the abortion. In stead they use the term miscarriage. Abortion means throwing the fetus from the womb of a woman whether alive or dead before the completion of pregnancy. Ahnaf and Shafia have defined the fetus , blood clot and the embryo whose creation is not distinguished . They put a regulation the creation. Hanabila believe that sperm and embryo are exempt from their consideration. Thus their definition is not comprehensive. Malikia and Dhahiriya believe that the fetus everything residing in the womb of the woman regardless of the picture of the human beings.The distorted is any creature who comes out of the womb his mother deformed. The distortions in the first group Are very serious or incurable. The majority of the jurists think that the blow of the soul in the womb is within forty days. As with the second group the distortions appear between the third and the eighth weeks . They are clear and visible inside the womb such as deformation of the skull growth or brain or the blockade in the wind pipe . The other group is concerned with those who live in defective life depending on the others. There are other distortions which do not lead to any hindrance of life and which do not kill the fetus. Some hanafiya jurists have given the license for the abortion especially with the father s inability to hire a woman to act as a sucker. A formation of an experienced juristic committee which takes into consideration the distorted with regard to social and material circumstances. For each case there is a special legal opinion . There are various cases ranging from the ones which can be healed to the ones which cannot. There should be a special committee examining the fetus especially in the first cases. These committees study the heredity factors. If it is found out that the fetus is distorted and it is impossible to treat they decide on the abortion b before the blow of the soul. This is the idea of the Islamic judicious assembly issued by the Egyptian advisory opinion board.

Keywords

Ruling, dropping, embryo