Generality of the Criterion and Standard of the Permission for the Abortion of the Defective Embryo at Stages before and after the Spirit Is Given to the Fetus

AborƟon, according to the secondary decrees of Islamic law, is condiƟoned as a remedy for a defecƟve fetus in special circumstances. By examining the probabiliƟes related to the issue of aborƟon and analyzing the primary and secondary arguments, which order the prohibiƟon of aborƟon and agree on its permission in special circumstances, this study demonstrates that if the evidence of distress and adversity as secondary ones can allow the aborƟon of a defecƟve embryo before four months and before the soul is given to the embryo, they may also be able to formulate the permission of an aborƟon aŌer this Ɵme. Given the fact that from the very beginning of its formaƟon the embryo has the potenƟality of growing into a human being at enƟre stages of its development, aborƟng it at any stage, whether it has soul or not, is equal to impairing the life of a human being. Therefore, the issue of the given soul merely cannot be a convincing disƟncƟve alternaƟve for changing the illegality of aborƟon. Subsequently, the permission for aborƟon is due to detriment and distress considering the enƟre life of the fetus; otherwise aborƟon should not be permiƩed at any stage.