An Analysis on the Jurisprudential and legal requirements determination of retaliation in abortion

Based on legal opinions of a number of recent jurists، The Islamic penal code، approved in 2013، In the part of Retaliation، has passed a sentence of Retaliation on the perpetrator of abortion in case some conditions are met، including the criminal intent in the perpetrator، The occurrence of criminal result or permanence of its outcome after the fetus birth، and the proving of viability in him. The legislator’s verdict was studied in this paper through a critical-analytical approach. It is said that the purport of the verdict has numerous fundamental ambiguities and problems regardless of the reason for such a viewpoint by the legislator. The necessity of viability condition for the fetus to justify the retaliation is one of its most important defects، which evidently contradicts the juristic approach and must be reformed.