A Medico-legal Perspective on the Termination of Pregnancies Resulting from Wartime-Rape
Keywords:Abortion, Termination, Pregnancy, Rape, Islam and Bioethics
The study is designed to investigate the issue of abortion for rape-victims to draw the attentions of Islamic clerics in order to appraise consciousness and outlook of legal edicts within constrain of Islamic bio-medical and bio-ethical norms. For this purpose, a number of Islamic treatises are systematically examined, and a cross-cultural along with a cross-country assessment of 47 countries abortion laws particularly ‘Muslim-majority’ (OIC member) countries are conducted to assess the momentous impacts on rape-victims. Additionally, contemporary data i.e. legal edicts and various reported rape/adultery cases in different Islamic countries are analyzed with special reference to the circumstances in which the verdicts are issued. The study asserts that mostly the classical and contemporary literature silent on the cited issue except few of the legal edicts. Although, Islamic lit and scripts including bio-medical and bio-ethical has discussed it in general way. As a result, the rape victims appeared that they may be allowed termination of unwanted fetus due to coerced sexual relation. But, whether in preview of, some of the legal edicts which causes intricacy, the state laws, rules and more particularly the religious and cultural aspects may allow this kind of deliberation? A predominantly conventional approach was found, since 18 out of 47 countries do not allow abortion except for necessity. Less than 50% of OIC members legally permit abortion on medical grounds. Nevertheless, there was a substantial diversity between Muslim countries. Albeit, a multidimensional viewpoint is very important due to the consequential psychiatric and social problems, since there is an immense need to provide real solutions to such cases that would not contradict Islamic bioethical principles. Therefore, termination of rape resulting pregnancies may be declared valid, provided with specific conditions and guidelines as per Shariah keeping in view bio-medical and bio-ethical norms.
Bangladesh Journal of Medical Science Vol.19(3) 2020 p.372-385
How to Cite
Authors who publish in the Bangladesh Journal of Medical Science agree to the following terms that:
- Authors retain copyright and grant Bangladesh Journal of Medical Science the right of first publication of the work.
Articles in Bangladesh Journal of Medical Science are licensed under a Creative Commons Attribution 4.0 International License CC BY-4.0.This license permits use, distribution and reproduction in any medium, provided the original work is properly cited.
- Authors are able to enter into separate, additional contractual arrangements for the distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted to post their work online (e.g., in institutional repositories or on their website) as it can lead to productive exchanges, as well as greater citation of published work.