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: Mohd Noor, Nor Adila, Aripin, Mohd Ashraf, Jusoff, Kamaruzaman
Format: Article
Language:English
English
Published: Academic Journals 2010
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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spelling 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
institution Universiti Putra Malaysia
building UPM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Putra Malaysia
content_source UPM Institutional Repository
url_provider http://psasir.upm.edu.my/
language English
English
description 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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score 13.211869