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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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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my.upm.eprints.170502015-10-22T00:06:40Z http://psasir.upm.edu.my/id/eprint/17050/ The detrimental crime of abortion: A comparative study between Malaysian law and common law Mohd Noor, Nor Adila Aripin, Mohd Ashraf Jusoff, Kamaruzaman 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. Academic Journals 2010 Article PeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/17050/1/The%20detrimental%20crime%20of%20abortion.pdf Mohd Noor, Nor Adila and Aripin, Mohd Ashraf and Jusoff, Kamaruzaman (2010) The detrimental crime of abortion: A comparative study between Malaysian law and common law. Journal of Law and Conflict Resolution, 2 (3). 046-052. ISSN 2006-9804 http://www.academicjournals.org/jlcr/PDF/pdf%202010/Mar/Noor%20et%20al.pdf English |
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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. |
format |
Article |
author |
Mohd Noor, Nor Adila Aripin, Mohd Ashraf Jusoff, Kamaruzaman |
spellingShingle |
Mohd Noor, Nor Adila Aripin, Mohd Ashraf Jusoff, Kamaruzaman The detrimental crime of abortion: A comparative study between Malaysian law and common law |
author_facet |
Mohd Noor, Nor Adila Aripin, Mohd Ashraf Jusoff, Kamaruzaman |
author_sort |
Mohd Noor, Nor Adila |
title |
The detrimental crime of abortion: A comparative study between Malaysian law and common law |
title_short |
The detrimental crime of abortion: A comparative study between Malaysian law and common law |
title_full |
The detrimental crime of abortion: A comparative study between Malaysian law and common law |
title_fullStr |
The detrimental crime of abortion: A comparative study between Malaysian law and common law |
title_full_unstemmed |
The detrimental crime of abortion: A comparative study between Malaysian law and common law |
title_sort |
detrimental crime of abortion: a comparative study between malaysian law and common law |
publisher |
Academic Journals |
publishDate |
2010 |
url |
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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