The life of the Pregnant Mother in Medical Abortion; Certainty or Reasonable (A critical Approach on Article 56 of the "Protection of the Family and Youth of the Population" law)

Medical abortion is a discussion which focuses on the pregnant mother and her fetus that has many legal, jurisprudential, and social consequences for the family. Inevitably, for issues of this high degree of importance and influence, the related regularities should be formulated in a way that prevents any sort of possible misinterpretations. The issue of abortion came into legislation in 1384 by legislating a single article. ''The life threat for the pregnant mother'' is of the licenses that the legislature has provided for medical abortion. If the specialist physician diagnoses the life threat for the pregnant mother, then, by the mother's consent, the permissioned for the medical abortion can be issued. This legislation can be considered as a legal flexibility in the issue of abortion but the void of explaining the quality of diagnosing the life threat for the mother may cause unpleasant consequences. Some experts of jurisprudence and law believe that the issuance of the permission for the medical abortion is dependent on the certain diagnosis of the life threat for the mother. However, some other experts bo qualities of certainty or reasonable probability/feppraisal of the two sides' reasons and evidence, we came to the conclusion that a reasonable probability/ fear of the life threat for the mother enjoys a rational and religious support for the issuance of the medical abortion; therefore, no need to certainty nor is it feasible to fulfill the demand of certainty in this case.