Abortion in Malaysian Law: a comparative study with Islamic jurisprudence

Muhammad Husni, Ahmad and Mohammad, Abdul Basir and Mohd Nor, Amir Husin and Laluddin, Hayatullah and Samuri, Mohd. Al Adib (2013) Abortion in Malaysian Law: a comparative study with Islamic jurisprudence. Advances in Natural and Applied Sciences, 7 (1). pp. 39-50. ISSN 1995-0772

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Abstract

This study aims to address abortion between Malaysian law and Islamic jurisprudence which will look into Malaysian law to extract ruling on abortion, and at the same time trying to know the ruling on abortion in light of Islamic jurisprudence by taking advantage of scattered issues mentioned by scholars and jurists on this subject. The study will then identify areas of agreement and differences between Malaysian law and Islamic jurisprudence. The study will also discuss the negative effects left by abortion in Malaysian society in particular.The study adopted inductive approach to collect the information in Malaysian law and Islamic jurisprudence in this regard and followed by an analytical study to understand the texts contained in the Malaysian law and Islamic jurisprudence and also compared them to identify the similarities and dissimilarities between jurisprudence and law. The study discussed the historical dimension of abortion in search of the roots and origins of this dilemma in order to develop solutions. The study reached to some results the most important ones are that: The Malaysian law prevents abortion except in cases of necessity and when there is an acceptable excuse. Furthermore, the scholars differed in ruling on abortion before the fetus starts breathing (before four months) but they are consensus on its prohibition when the fetus starts breathing.

Item Type:	Article (Journal)
Additional Information:	8721/69984
Uncontrolled Keywords:	Abortion, Malaysian law, Islamic jurisprudence, Punishment
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr Ahmad bin Muhammad Husni al-Jufri
Date Deposited:	18 Apr 2019 10:46
Last Modified:	18 Apr 2019 10:46
URI:	http://irep.iium.edu.my/id/eprint/69984

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