Abortion in Malaysian Law: a comparative study with Islamic jurisprudence
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 sc...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
| Published: |
American-Eurasian Network for Scientific Information
2013
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/69984/ http://irep.iium.edu.my/69984/ http://irep.iium.edu.my/69984/1/3-%202013%20-%20%2839-50%29%20Abortion%20in%20Malaysian%20Law%20A%20Comparative%20Study%20with%20Islamic%20Jurisprudence.pdf |
| Summary: | 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. |
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