Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 880-893 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Naseri Taheri M, Vahadyarijan Y, Jamalzadeh A. The Application of the Mysore Rule on the Life of the Mother and the Fetus. MLJ 2023; 17 (58) :880-893
URL: http://ijmedicallaw.ir/article-1-1738-en.html
URL: http://ijmedicallaw.ir/article-1-1738-en.html
1- Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran, Islamic Azad university
2- Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran, Islamic Azad university
Abstract:
Background and Aim: The right to life as one of the most fundamental and basic human rights, which is also given serious attention in Islam, sometimes conflicts like the life of the mother and abortion. The purpose of the present study is to investigate the application of the Mysore rule on the life of the mother and the fetus.
Method: The research method is descriptive and analytical using library studies with a survey tool.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been respected.
Results: Despite the acceptance of the validity of the Mysore rule by most of the jurists and despite the fact that they also accept the scope of its implication in general duties, but in the discussion of paying attention to the inherent dignity of human beings in the sense of actual and potential human beings and healthy and defective fetuses from the point of view of medical science and also, before and after the passing of the soul, there are many differences, which is probably due to the lack of solid foundations from the beginning, which is caused by purely paying attention to the narrations with different interpretations and interpretations of them in the direction of individual jurisprudence without considering it is social interests and the objectives of Sharia.
Conclusion: Although the first principle is the sanctity of abortion, but based on the implication of the Mysore rule and the removal of obstacles and the use of conflict with the rule of reason in preferring and recognizing the preservation of the life of the mother over the fetus, in certain cases abortion by the mother herself is permissible and she can to perform an abortion personally, without the fact that qisas and diya are obligatory on her.
Please cite this article as:
Naseri Taheri M, Vahadyarijan Y, Jamalzadeh A. The Application of the Mysore Rule on the Life of the Mother and the Fetus. Medical Law Journal. 2023; 17(58): e60.
Method: The research method is descriptive and analytical using library studies with a survey tool.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been respected.
Results: Despite the acceptance of the validity of the Mysore rule by most of the jurists and despite the fact that they also accept the scope of its implication in general duties, but in the discussion of paying attention to the inherent dignity of human beings in the sense of actual and potential human beings and healthy and defective fetuses from the point of view of medical science and also, before and after the passing of the soul, there are many differences, which is probably due to the lack of solid foundations from the beginning, which is caused by purely paying attention to the narrations with different interpretations and interpretations of them in the direction of individual jurisprudence without considering it is social interests and the objectives of Sharia.
Conclusion: Although the first principle is the sanctity of abortion, but based on the implication of the Mysore rule and the removal of obstacles and the use of conflict with the rule of reason in preferring and recognizing the preservation of the life of the mother over the fetus, in certain cases abortion by the mother herself is permissible and she can to perform an abortion personally, without the fact that qisas and diya are obligatory on her.
Please cite this article as:
Naseri Taheri M, Vahadyarijan Y, Jamalzadeh A. The Application of the Mysore Rule on the Life of the Mother and the Fetus. Medical Law Journal. 2023; 17(58): e60.
Type of Study: Original Article |
Received: 2023/09/11 | Accepted: 2024/01/13
Received: 2023/09/11 | Accepted: 2024/01/13
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
