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Therapeutic Abortion for Fetal Deformity in Iranian and Iraqi Law and Islamic Jurisprudence: A Comparative Study
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Qasi Mohammad Hasan Al Obeid1   , Azizollah Fahimi2 |
1- PhD Student, Faculty of Law, University of Qom, Qom, Iran.
2- Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (9 Views) |
Advancements in prenatal diagnostic methods have brought about a significant shift in the medical and legal approach to fetal deformities. It is now possible to detect various congenital defects and genetic disorders during pregnancy, moving the issue beyond mere diagnosis to a more complex question regarding the legitimacy of terminating a pregnancy when a severe fetal deformity is confirmed. Deformities vary in nature and consequences: some lead to fetal death in utero or shortly after birth; others allow for survival but require lifelong treatment or care; and some are treatable and not severe enough to justify terminating the pregnancy. This article examines the regulations governing abortion for fetal deformity under Islamic jurisprudence and the laws of Iran and Iraq, focusing on the severity of the deformity, the possibility of treatment, the certainty of the medical diagnosis, and the stage of pregnancy. The temporal factor is particularly significant due to the legal implications Islamic jurisprudence attaches to the "breathing of the soul" (ensoulment), which has led to differing rulings on abortion before and after this stage. A segment of contemporary Islamic jurisprudence permits abortion prior to ensoulment in cases of severe deformity confirmed by reliable medical diagnosis, whereas another view prohibits it—even at this stage—unless a recognized necessity exists. Legislative differences become even more apparent when comparing the legal frameworks of Iran and Iraq. The Iranian law on therapeutic abortion (enacted in 1384 SH/2005 AD) established a set of criteria conditioning the permissibility of abortion on specialized diagnosis, forensic medical confirmation, the nature of the fetal condition or the mother's health status, and the performance of the procedure prior to the "breathing of the soul" (ensoulment), alongside the requirement of the woman's consent. In contrast, the Iraqi legal provisions under study do not contain a detailed, standalone regulatory framework for abortion based solely on fetal deformity; rather, the scope of permissibility remains largely confined to cases of necessity and medical risks threatening the mother.
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| Keywords: Therapeutic Abortion, Deformed Fetus, Congenital Deformities, Ensoulment, Necessity, Iranian Law, Iraqi Law, Islamic Jurisprudence. |
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Full-Text [PDF 582 kb]
(9 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/10/12 | Accepted: 2026/02/20 | Published: 2026/02/20
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