مجلة الدراسات القانونية والسياسية
Volume 11, Numéro 2, Pages 343-352
2025-06-05
The Fetus Between The Legal Text And The Changing Reality - An Original And Objective Study
Authors : Ameur Fatma .
Abstract
In the face of scientific and cognitive development, man is confused in the field related to his physical and psychological entity, especially in the field of genetics and embryology, as medicine has become able to image the fetus inside its mother's womb using advanced medical devices, which allows knowing the condition of the fetus; The issue of the deformed fetus has raised a jurisprudential and scientific controversy, where man stands stunned in front of the employment of this flood of discoveries that he has reached in its various types and innovations in the field of medicine and how to apply them according to general principles and rules in the approach of legal foundations to correct human life, enlightened by the objectives of God Almighty's law and its general rules, and disciplined by its controls in the legislative and ethical structure of the medical profession. Therefore, this study came to stand on the legal and religious text on the issue of the fetus in general and the provisions of aborting the deformed fetus in particular. The researcher concluded through this study that this issue has been disputed by contemporary researchers and jurists, between those who prohibit abortion absolutely, and those who permit it with specific controls and conditions. The Algerian legislator did not separate either, as there is no legal text that prohibits or permits abortion of a deformed fetus, and the existing texts remain open to all interpretations and explanations.
Keywords
Deformed fetus ; jurisprudential rules ; legal texts ; abortion
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