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
Subjects:
Online Access:http://psasir.upm.edu.my/id/eprint/17050/
http://psasir.upm.edu.my/id/eprint/17050/1/The%20detrimental%20crime%20of%20abortion.pdf
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author Mohd Noor, Nor Adila
Aripin, Mohd Ashraf
Jusoff, Kamaruzaman
author_facet Mohd Noor, Nor Adila
Aripin, Mohd Ashraf
Jusoff, Kamaruzaman
author_sort Mohd Noor, Nor Adila
building UPM Institutional Repository
collection Online Access
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.
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spelling upm-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 Abortion, Criminal Abortion - Law and legislation - Malaysia Abortion (Islamic law) English
spellingShingle Abortion, Criminal
Abortion - Law and legislation - Malaysia
Abortion (Islamic law)
Mohd Noor, Nor Adila
Aripin, Mohd Ashraf
Jusoff, Kamaruzaman
The detrimental crime of abortion: A comparative study between Malaysian law and common law
title 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_short 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
topic Abortion, Criminal
Abortion - Law and legislation - Malaysia
Abortion (Islamic law)
url http://psasir.upm.edu.my/id/eprint/17050/
http://psasir.upm.edu.my/id/eprint/17050/
http://psasir.upm.edu.my/id/eprint/17050/1/The%20detrimental%20crime%20of%20abortion.pdf