جستجوی مقالات مرتبط با کلیدواژه « سقط جنین » در نشریات گروه « پزشکی »

Abortion is one of the most important jurisprudential-medical and legal issues, which receives great attention due to the inherent dignity of human beings. Therefore, Islamic jurisprudence, considering the right to life and the inherent dignity of human beings, comprehensively and completely deals with all aspects of abortion, and the only place where abortion is allowed is the conflict between the life of the mother and the life of the fetus, and this is before fetus ensoulment, and it is not permissible to perform abortion after ensoulment. However, considering that the mother is not the only participant in the birth and care of the child, and it is a mutual responsibility that the parents must undertake as a couple, a question is thus raised: Does father's hardship and shame justify abortion?

To find the answer to the above question, we decided to explain and analyze the viewpoints of jurists and their evidence using the descriptive-analytical method and the collection of documentary-written materials, through the collection of opinions and the comparison of their viewpoints in library references and applications.

The findings of the research show that the father's hardship and shame does not grant permission for abortion; rather, there must be something more important than the life of the fetus for abortion to be permitted.

By analyzing the views of the jurists, it was found that the father's hardship and shame cannot be a valid reason for granting permission for abortion. For this reason, the point of view of the jurists who consider the hardship and shame of the father as a reason for the permissibility of abortion, can be analyzed and criticized.

Abortion is one of the most traumatic events in a woman's life. The resulting trauma leads to the fear of repeat abortion, despair, inability, reduced self-confidence, isolation, mental health problems, and reduced quality of life (QoL). The present study aims to determine the effect of supportive counseling on the QoL of pregnant women with a history of abortion.

This is randomized controlled trial study. Participants were 72 pregnant women with a history of abortion referred to comprehensive health centers in Isfahan, Iran to receive prenatal care. The data collection instruments were a demographic form and the 36-item short form health survey. The intervention group received counseling based on Swanson’s caring theory at three sessions (two face-to-face counseling sessions and one telephone counseling session), while the control group received no intervention. Data were collected  in three phases (pre-test, post-test, and follow-up), and analyzed using chi-square test, paired t-test, repeated measures analysis of variance, t-test, and two-way repeated measures analysis of variance in SPSS software, version 25.

Both groups were similar in demographic characteristics and QoL before the intervention (P>0.05). Four and 8 weeks after the intervention, the mean score of QoL was higher in the intervention group than in the control group (P<0.05). Eight weeks after the intervention, the QoL score was higher than in the control group in dimensions of physical functioning (P=0.009), social functioning (P=0.039), role-emotional (P=0.004), and bodily pain (P=0.004).

Supportive counseling based on Swanson’s caring theory, as a midwife-centered intervention, can improve the QoL pregnant women with a history of abortion. This approach can be used in providing care to the pregnant women with a history of abortion.

Vaginal infections of mothers during pregnancy can be a threat to the health of the fetus and also increase the chance of abortion. This study aimed to investigate the frequency distribution of Streptococcus agalactiae in the vaginal secretions of women with a history of abortion compared to the control group.

In this descriptive-analytical study, a total of 220 samples of vaginal secretions from women who had abortion and controls were collected. Bacterial isolates were identified using culture and biochemical methods. Then, the antibiogram test of the isolates was performed using the disk diffusion method in Kirby-Bauer agar.

In the present study, 20 isolates of Streptococcus agalactiae (3.64% in the control group and 14.54% in the abortion group) were isolated from vaginal secretions samples. The isolates had the highest sensitivity to the antibiotics Ceftriaxone (30 μg) and Vancomycin (30 μg) and the highest resistance to Clindamycin (2 μg) and Tetracycline (30 μg). Based on the results of the demographic characteristics of the patients, the highest frequency of abortion belonged to blood groups A+ and B+. Urinary tract infection in 55%, vitamin D deficiency in 60%, and stress led to abortion in 75% of women infected with S. agalactiae.

S. agalactiae was observed in the vagina of women with a history of abortion, 3.5 times more common than healthy women. Factors such as the high stress of patients, deficiency of vitamin D levels, and frequent urinary infections during pregnancy can lead to an increase in the risk of abortion in women. The highest resistances were observed in Beta-lactam (Penicillin), Macrolides (Erythromycin), Lincosamides (Clindamycin), and Tetracycline antibiotic groups.

Fertility is highly valued in most cultures. Childlessness happens for various reasons one of which is abortion. Considering the extent of health care workers’ awareness of patients’ access to abortion, this study was conducted with the aim of determining and comparing the levels of awareness between first year and senior undergraduate students of midwifery in Mashhad Faculty of Nursing and Midwifery regarding the legal aspects of abortion.

In this descriptive-comparative research, there were 82 first year and senior undergraduate students of midwifery in the Faculty of Nursing and Midwifery at Mashhad University of Medical Sciences who were selected by census method. The data collection tool was a questionnaire created by the researchers to assess the level of awareness regarding the legal aspects of abortion, the validity and reliability of which was confirmed. Data analysis was done using SPSS version 16.

The average awareness score of the first year and senior students of midwifery regarding the permitted cases of abortion is 5.88±2.75 versus 9.03±1.51 respectively (P=0.001). Regarding the punishment of unlawful abortion and the conditions for issuing a legal license for therapeutic abortion, their awareness scores were 3.47±1.48 versus 5.54±1.33 respectively, P=0.0001). Accordingly, there was a statistically significant difference between the level of awareness of the first year and senior students of midwifery about the legal aspects of abortion and the correct response rate was higher for the senior students.

The results of the present study show an insufficient level of awareness among midwifery students regarding abortion laws, such as the indications for legal abortion, the necessary conditions for issuing a license for legal abortion, and the penalties for illegal abortion. Therefore, the researchers suggest that the authorities consider training programs for midwifery students in order to raise their levels of awareness about the lawful and legal abortion.

Spouse abuse, especially female abuse, is one of the most common social harm in many societies, which causes many psychological and social consequences for the wife. Therefore, the study aimed to determine the socio-economic factors affecting the domestic violence against women rate (female abuse (in 31 provinces of the country in the period 2012 and 2018.

In the present study, the effect of 17 socio-economic explanatory variables on the domestic violence against women rate was investigated using the Bayesian model averaging (BMA) method in the context of a panel data regression using R software.

In among the 8 economic variables, only the male unemployment rate with a probability of 1 with a coefficient of 0.7976 has a too strong effect on the rate of domestic violence against women. Also, the urbanization variable with a probability of presence of 0.9777 with a coefficient of -1.6305 and the rate of abortion therapy with a probability of 0.8803 and with a coefficient of 0.1931 were recognized as the second and third strongest, respectively. In contrast, other social and economic variables were not significant to the extent of this violence.

Based on the results of this study, the unemployment rate of men and the rate of abortion therapy increase domestic violence against women and in contrast, with the increase in urbanization, the violence decreases in Iran.

 Abortion is one of the special cases of medicine that since the past until now, physicians are trying to trace the causes and factors of this incident for the mother and the fetus. It maybe said that the only disease that affects the mother and the fetus simultaneously is abortion. Studies indicate that the mother, the fetus and external events are influential factors in abortion. In fact, before these days progress, human being has considered common reasons for this event. Factors that maybe some of them happened to other mothers and fetuses as well, but did not leave such a destructive effect on them. The importance of abortion can also be found in the religious approach of different religions, which has been extensively researched about its conditions and methods. The following article tries to selectively examine medical sources in Islamic civilization, in addition to explaining and analyzing the knowledge and attitude of Muslim sages about abortion, the following article tries to study and analyze the instructions, prescriptions and treatment methods of doctors in order to prevent.

 The present article has been compiled with a descriptive-analytical approach and based on the library method, collecting historical data from first-hand medical texts.

Ethical Considerations: 

In the present study, the ethical aspects of library study including originality of texts, honesty and fidelity have been observed.

 Studies show that Muslim physicians have devoted a significant part of their production texts to the topic of women's diseases and pregnancy. Due to its importance, the issue of abortion has been one of the key issues in the field of women's medicine, where doctors have pointed out the types of abortion, its causes and conditions and treatment methods to protect the fetus in their medical research.

 Abortion is one of the important topics in Muslim medical texts. Types of abortion, its causes, methods of prevention and treatment and prescription of various practical drugs and abortion therapy are important points that have been attentioned and studied. Considering the importance of this topic in modern medicine, we can use the opinions of Muslim doctors in this field.

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.

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.

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.

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.

Abortion refers to the termination of pregnancy before the fetus is capable of survival outside the mother's body. Abortion is forbidden by religion, whether it is caused after marriage, adultery or rape. The reason for this is the emergence of the Shari’ a ruling. The research shows after the enactment of Medical Abortion Law and the issuing permission for those cases approved by three qualified physicians, the death rate of women due to illegal abortions has been reduced significantly. As this law does not cover women who are raped, it is necessary to study the various aspects of pregnancy after rape and the use of jurisprudential rules (hardship and no harm rules).

The research method is descriptive-analytical and the information gathering method is library-based and has been done by referring to books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.

Examination of these rules shows that the legislating body, using the jurisprudential and legal capacities of these two laws, can revise the legal provisions of abortion in case the embarrassment of rape victims is proved. The result is that hardship will not cause abortion.

While the hardship will not cause abortion, the no harm rule will still govern the religious prohibition of abortion, whether the pregnancy is initiated according to religion or through adultery and rape.

Please cite this article as:Firoozpoor Bandpey T. The Role of La-Haraj (Non-Harmful) and Zarar (La-Harmless) Rules in Abortion Due to Adultery and Rape. Medical Law Journal. 2023; 17(58): e47.

Abortion is one of the topics that, in addition to the medical and moral dimensions, is also a point of discussion and disagreement from the point of view of jurisprudence and law. The purpose of the article is to examine abortion from the point of view of jurisprudence and law in the light of the rule of hardship and difficulty.

This paper is descriptive and analytical applying library method.

Ethical Considerations:

 In the present paper, the originality of the texts, honesty and trustworthiness are observed.

From the point of view of jurisprudence, the life of the fetus can be divided into two periods before and after the birth of the soul. Abortion is not permissible after the soul is breathed in, but abortion before the soul is breathed in is permissible under certain conditions. According to jurisprudence, the same point of view prevails in the subject law. From the point of view of jurisprudence and law, if there is an imperfect fetus and there is a risk to the mother's health, as well as extreme difficulty for her, it can be considered permissible to abort the fetus by resorting to the rule of hardship and difficulty. Of course, in Iranian law, with the approval of the law to protect the youth of the population, it has become very difficult to resort to the rule of no hardship and difficulty in permitting abortion due to fetal defects and the risk to the mother's health.

It is necessary for the legislator to have a broader approach and interpretation of the rule of hardship and difficulty and prevent the birth of disabled babies, which create very difficult conditions for parents. Also, regarding the difficulties that threaten the mother's health, a more realistic approach should be adopted so that this issue is not completely limited by the influence of population growth policies.

Although abortion for medical and therapeutic purposes is accepted in most countries, but all countries consider criminal abortion as a reprehensible matter and have determined punishments for the perpetrators of this behavior in their criminal laws. However, the increase in the number of criminal abortions in recent years has made the necessity of dealing with this phenomenon more clear. The present study, while examining the changes made in the "Protection of the Family and Youth of the Population" law approved in 1400 in relation to abortion-related crimes, identifies the latest developments in Iran's criminal policy in this regard.

This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and referring to documents.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The "Protection of the Family and Youth of the Population" law approved in 1400 has brought about important changes in relation to criminal abortion and related crimes. Among these changes, it can be mentioned that the punishment of the perpetrators of these crimes and the determination of new criminal titles in this area have been intensified.

Examining the changes applied in the "Protection of the Family and Youth of the Population" law approved in 1400 shows that Iran's legislator has taken a stricter approach in dealing with criminal abortion and related crimes in its latest criminal policy.

"Mother" is the full point of regulations in abortion treatment. In the family and youth protection law, the legislator removed the scope of abortion treatment by adopting a strict and limited approach and the incurable disease of the fetus from the examples of abortion treatment, however, this situation causes embarrassment to the mother. This possibility exists only in the case of an incurable disease of the fetus and the danger of the mother's life. A situation that not only embarrasses the mother, but also puts the child in a difficult situation. While, in the matter of abortion, the goal is to balance the interests of the mother and the fetus. In this field, the legislator should create an ideal balance between the right of the mother to spend her pregnancy and the right to the life of the fetus, as a fundamental right. This balance can be created by creating a correct border between therapeutic abortion and criminal abortion.

This research was done using descriptive-analytical method.

Ethical Considerations: 

In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.

Modern social needs require the legislator to expand the field of abortion to other cases where there is a clear risk to the mother or the fetus, whether the pregnancy has a legitimate or illegitimate origin.

It is clear that economic, social and cultural situations are not fixed; the rules governing them also change. In a situation where there is a narrow border between health and crime, it is appropriate for the legislator to take appropriate measures to remove some cases of abortion from the criminal field to medical treatment, taking into account various considerations. In this regard, selfish insistence on the goal of population growth and exclusive use of some jurisprudential opinions ends up at the cost of sacrificing the health of the population and disrupts the desired ideal balance; It is necessary to aim for the quality and dynamics of the population. A goal that is not far away; Maximum use of jurisprudential opinions and optimal use of the opinions of contemporary thinkers are the way to achieve it.

The crime of abortion is one of the crimes specific to women. which is one of the consequences of reproduction and fertility in human societies, the topics related to which are as old as the history of human civilization. The present study aims to investigate the attitude of Islam towards this phenomenon in a descriptive manner and using the method of documentary and library study from the point of view of the type of punishment for the murderer of a fetus with a soul. The punishment for the intentional abortion of a fetus with a soul, from the point of view of the majority of Sunni jurists and famous contemporary Shia jurists, is the impermissibility of retribution in the intentional killing of the fetus, but the expressions of some jurists in this field are not without ambiguity, which causes conflicting opinions in this field. has been

During the recent years, there have been challenges surrounding the issue of abortion in the country (1-3). It seems that these tensions stem from the failure to consider the executive problems associated with the existing procedure to be followed for abortion. Screening and abortion therapy suffer certain shortcomings and problems that have not been dealt with yet, not due to wrong rules but because of inappropriate implementation and ignoring the medical ethics from the stage of screening to issuing the permit for abortion.

Bearing in mind that from the medical and social point of view, pregnancy is considered a beautiful event in life, and on the contrary, abortion is considered as a social problem in all human societies and is an inevitable global phenomenon that plagues populous countries and threatens the health of the family and society. Abortion faces problems because of the integration of medical, psychological, sociological, moral-philosophical issues, it has gone beyond the mere legal and jurisprudential issue. Unfortunately, people resort to illegal abortion due to cultural and economic poverty, which can have dangerous consequences for the mother, and psychological disorders occur before and after the abortion. The crime of abortion is one of the crimes specific to women. and the reflection of this social problem has been effective on the views of criminologists and lawyers. From the point of view of jurisprudence, abortion before and after the dissolution of the soul is discussed and basically in human societies to preserve the life of the mother due to the role of taking care of other children and taking care of the husband and finally preserving the family members as (the least harm and the absolute preference and emergency) is justified. Today, among the countries of the world, only twenty-six countries, including Britain, Japan, China, France, Russia, and Germany (mostly from 1948 onwards by passing their own laws) consider abortion to be absolutely permissible and legal, and in Australia, abortion is illegal. It is a crime and punishable. Basically, through punishment, no effective action can be taken to prevent or reduce the crime, because this action is mostly done secretly with the consent of the legal parents of the fetus, through doctors or other people, and the crime rate is high.

In our country, despite the fact that the "principle" is to prohibit abortion, but in limited and specific cases of this principle, an "exception" has been made and its license has been issued. Of course, none of these permits covers the issue of abortion from an illegitimate relationship, and the legislature has not permitted abortion based on an unmarried relationship. Due to the prohibition of abortion, even in cases where the fetus is the result of an extramarital affair, if the doctor intervenes in the abortion, he will be criminally liable and will face legal punishment. The physician will be released from liability if he or she proves one of the obstacles to criminal liability, such as the need to intervene (save the mother&#039;s life) or illegitimate fetal malformations (medical abortion) in specific legal cases (Family Protection and Youth Law of 1400); In other words, the protections that apply to embryos resulting from legal marriage also apply to embryos resulting from illicit intercourse, and the same exceptions apply to them; But this legal application is not compatible with social conditions and developments and creates many problems for the mother, society and especially the born child.

Christianity as a religious school with more than fifteen centuries ofexperience in religious education and training is considered one of the mostimportant compilers of religious education systems in today's world. It canbe said that one of the first societies affected by the conflict betweenmodernism and traditionalism in the West is the Christian society.Accordingly, the issue of religious education and family in Christianitycompared to Islam is one of the most important current debates in theChristian Church.Jean-Marie Aubert, an outstanding professor at theUniversity of France and a Catholic priest, one of the experts in this matterin the Christian world, is known to pay special attention to the discussionof religious education and the challenges of the modern era in his studies;In this research, the important category of family and religious educationin the modern society is examined with a descriptive-analytical methodfrom the perspective of Christianity compared to Islam with Obert'sapproach. From Obert's point of view, the examination of the goals ofreligious education shows that the most important needs of every divinesociety is the education of religious people who rely on the power of faith,will and reason, are rational and self-productive instead of depending onthe economic and cultural achievements of others. Knowledge andtechnology for independent life in the age of faith. From his point of view,without a doubt, the first and most important educational environment forevery person is the family, and in the view of Christianity, forming a familyand married life is considered a sacred thing, and men and women committo reproduction and education of children and their growth. In anatmosphere full of virtue, faith and love for God.

Brain injurie in pregnant women is one of the important issues due to the relationship with the life of the fetus. In some brain injuries, it is possible to keep the fetus alive medically until delivery. In addition to the situation of pregnant women, attention to the need for medical support in order to preserve the life of the fetus is one of the issues that should be considered. Among the different types of brain injuries, in this study, Coma, Vegetative status and Brain death are considered as important brain injuries that the loss of patient's consciousness is comon point in all of them and by examining the legal status of patients in each of these types of brain injury, we seek to answer the question, if there is no medical hope for the mother's treatment, but continuing the treatment is effective in keeping the fetus alive, will be a task to continue? The issue of discontinuation or continuation of treatment of patients with brain injuries has not been considered generally or sepecially in relation to pregnant women in the statute and legal doctrine of Iran. In some legal systems, such as United States and United Kingdom, doctrine and precedent explain the issue by providing criteria. Considering the importance of the right of life in Iranian jurisprudence and law and lack of attention to the subject in domestic writings, the present research has been done with a comparative approach by considering two dynamic and pioneering legal system in this field, the issue has been studied from various dimensions such as the right of life of the fetus, the ethical aspects of the action, the will, interests and rights of the mother and the fetus.

This research is a theory and the research method is descriptive-analytical. And the method of collection is library and it is information by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.

In different legal systems, depending on the accepted legal position regarding the legal status of the fetus, there are different criteria to decide about the discontinuation or continuation of the treatment of the pregnant mother until the time of delivery. Despite the difference in some fundamentals between the legal systems, the moral fundamentals and the importance of the right of life have pproximated the accepted solutions and in practice, with different justifications there is a desire to preserve the life of the fetus in the studied systems.

In the legal system of Iran, in deciding about the discontinuation or continuation of the treatment of a pregnant mother until delivery, considering the human personality of the and the importance of the right of life, in the assumption of conflict between the rights of the mother and the fetus, due to the primacy of the right of life, the necessity of continuing the mother's treatment until delivery should be defended. Unlike other legal systems, sometimes by resorting to the criteria of the mother's desire and will or the mother's interests, termination of treatment may be allowed in certain circumstances, in Iranian law, in terms of the importance of the life of the fetus, the will of the mother is not considered a criterion for terminating the life of the fetus. Regarding the criterion of the mother's interests, due to the uncertainty of the existence of harm to the mother, the rights of the fetus have priority and prevent the termination of the mother's treatment.Please cite this article as:Safari N. Comparative Study of Legal Aspects of Discontinuation or Continuation of Treatment of Brain Injury in Pregnant Women. Medical Law Journal. 2022; 16(57): e33.

Abortion is one of the crimes whose black numbers and figures are perhaps higher and more hidden than many other crimes. Abortion, which is considered a crime in most of the world's legal systems and is punishable by imprisonment, fines and financial punishment, is also punishable in the Iranian legal system and is punishable by the perpetrators and their deputies, although Abortion is one of the most important and controversial issues in various scientific, social and cultural circles of the country, but less is written or spoken about it. All over the world, the problem with abortion is that the laws have nothing to do with what many people actually do. The problems associated with abortion are complex and complex. Abortion is one of the most important social problems and one of the most controversial issues in modern criminal law. Due to the many components involved in abortion criteria in each country, a variety of procedures in the world can be distinguished. Most countries have had different approaches to abortion at different times. This article aims to answer the question of what is the place of abortion in Iranian law and international documents? It has been hypothesized that abortion is one of the crimes that can be punished and that the legislature has not authorized such an act except in exceptional cases. The contents of this article are based on the library and are written in a descriptive-analytical manner. Finally, it has been concluded that abortion is not forbidden in all circumstances, but in some cases it is permissible and even obligatory; Because the protection of the mother's life requires that the fetus be aborted. Of course, abortion must be approved by a group of skilled doctors in this matter, so that all its human and moral aspects are considered.

Congenital anomalies are among the leading causes of miscarriage, some of which can be diagnosed before birth. These abnormalities can be detected via simple methods, such as ultrasound as well as screening tests that are easily available before birth, and if possible, using methods such as abortion that can prevent births with such abnormalities. The aim of the present study was to measure the possible complications of both CVS and amniocentesis in mothers with suspected chromosomal or thalassemia anomalies.

  A descriptive-cross sectional study was conducted on all mothers suspected of having a fetus with chromosomal or thalassemia abnormalities referred to Ali Ibn Abitaleb Hospital in Zahedan between October 2015 and October 2016. Totally, 150 mothers were divided into amniocentesis group (n= 100) with a mean pregnancy age of 15 weeks and 4 days and CVS group (n= 50) with a mean pregnancy age of 13 weeks and one day. The procedures were performed by a radiologist. Before conducting the procedure, the mother underwent an ultrasound to assess the health of the fetus, regardless of age, placental abruption, and amniotic fluid. After the operation, each patient was monitored for 14 days to take action if complications, such as vaginal bleeding, amniotic fluid leakage, miscarriage, PROM, and chorioamniovititis, occured. The data obtained was finally entered into SPSS, v. 18, and analyzed using T- and Fisher statistical tests.

Only two complications, i.e. amniotic fluid leakage and vaginal bleeding, were observed in a total population of 150 mothers. The incidence of vaginal bleeding in the CVS group was two (4%) and in the amniocentesis group one (1%) (P= 0.465). Also, the complication of amniotic fluid leakage was one case (2%) in CVS group and two cases (2%) in amniocentesis group, which accounted for P-value = 0.632. No cases of abortion, PROM, and chorioamnionit were observed.

The results of the present study showed that the complications of this method in amniocentesis are not significantly different from those of CVS; therefore, both methods can be used to diagnose prenatal pregnancy in high-risk pregnancies.