The detrimental crime of abortion: A comparative study between Malaysian law and common law
Although procreation is considered as the most important function of marriage, millions of women use some means of contraception and even resort to abortion. Medical reasons constitute only a small proportion of the actual number of cases and the rest being for social and other reasons. Islam plac...
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Main Authors: | , , |
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Format: | Article |
Language: | English English |
Published: |
Academic Journals
2010
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Online Access: | http://psasir.upm.edu.my/id/eprint/17050/1/The%20detrimental%20crime%20of%20abortion.pdf http://psasir.upm.edu.my/id/eprint/17050/ http://www.academicjournals.org/jlcr/PDF/pdf%202010/Mar/Noor%20et%20al.pdf |
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Summary: | Although procreation is considered as the most important function of marriage, millions of women use
some means of contraception and even resort to abortion. Medical reasons constitute only a small
proportion of the actual number of cases and the rest being for social and other reasons. Islam places
great value on human life. Any attempt to take it away in any stages is a heinous crime. This research
will discuss the different viewpoints of Islamic jurists regarding the legal position of abortion and its
punishment under Islamic criminal law. Besides that, this research will also make a comparison with
Malaysian and common laws. As a result, the writer found out that abortion should be prohibited as it is
a crime against human being and it can only be allowed where the fully trained medical doctor view that
the continuance of the pregnancy will endanger the life of the mother. |
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