إجهاض الجنين : دراسة مقارنة بين الشريعة والقانون الجنائي الليبي والماليزي

• Main Author: Adil Mohamad Ali Shtawa
• Format: Thesis
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2019
• Subjects: aborting fetus; Libyan; concept of aborting; aborting fetus in Islam
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/17632

Truly the Wise Lawgiver accords the human soul a special position, as far as the legislation preference is concerned. He considers it one of the objectives behind the establishment of Islamic law. Thus, he commands his servants to take care of it. Among the issues related to this is the case of aborting a fetus, which has been a great concern of the jurists, medical professionals and legal practitioners with their various opinions expressed about it. hence, this work aims at explaining the Islamic legal perspective in respect of the abortion of a fetus, in comparison with Libyan and Malaysian penal codes, through the definition of the term 'abortion', its kinds, cause and hazards. Then the definition of the concept of abortion in the light of Islamic and common laws is given along with the identification of the bases of this crime and the penalties it attracts. in order to achieve the aims and objectives of the jurists, medical doctors and legal practitioners. He also employs the analytical method while explaining the jurisprudential texts contained in the books of Islamic jurisprudence, in order to know the various opinions of the jurists regarding the extent of the legality of aborting a fetus, clarify the superior verdict about it and then compare it with what is contained in the Libyan and Malaysian constitutions. This is done in order to come out with the legal verdict sanctioned by law and approved by common sense; to understand the philosophy behind the two legislations and the extent of their correlation with the Islamic law. Meanwhile, the researcher has come out with the fact that the positive laws do not differ much from the legal verdicts reached by the Islamic jurists, Thus, the researcher advises the Libyan and Malaysian legislators to emulate the Islamic law, try to sensitize the medical practitioners religiously and remind them of the fact that their profession is a legal trust- they should be conscious of Allah while discharging their duties. He also implores in legislators to intensify efforts by creating a religious awareness among the people in their traditional communities and villages, so that they would be informed of their religious and mundane affairs.