أحكام جريمة الإجهاض في الفقه الإسلامي والقانونين اليمني والسوداني (دراسة مقارنة الباحث/ صادق صالح حسن الصراري الدكتور/ أحمد إسماعيل عمر

Abstract

Abstract

     The topic of abortion is considered one of the topics that threaten the entity of the family and are widespread at the present time and occupied many researchers, and many scholars have talked about it, because the crime of abortion has been dealt with by Islamic jurisprudence and Yemeni and Sudanese laws and we explained its provisions, and through this research, abortion will be defined in language, convention and law. Clarify it will study  the rule, pillars, and punishment of the crime of abortion in Islamic jurisprudence and the Yemeni and Sudanese laws, where it was observed that some interference in the determination of the life of the fetus, whether the mother, or other than the mother from her relatives, or her husband, or doctors, where they make themselves the ones who decide whether or not the fetus exists, and then they perform the abortion. They are not aware of the extent of the crime they commit, and that the life of the fetus before its birth is no less important than its life after its birth, therefore the aim of this research is: to identify the crime of abortion by mentioning its elements and its ruling and the punishment for its perpetrator in the Yemeni and Sudanese jurisprudence and laws, in which the descriptive comparative approach was followed, which through it. The most important results were reached: the Islamic Sharia was distinguished by its concern for the fetus since it was a sperm before the soul was breathed into it, in contrast to the Yemeni and Sudanese laws that made criminalization illegal abortion after the soul has been breathed into the fetus, and the Sudanese law excluded the legalization of abortion in the event of force. The researcher recommended, at the conclusion of the research, programs to educate women about the crime of abortion and its danger, and tighten administrative penalties for specialists who help spread this crime, such as doctors and pharmacists, taking advantage of the public's ignorance of the danger and punishment of abortion.

Keywords: Crime, Fetus, Jurisprudence, Law, Abortion