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The detrimental crime of abortion: A comparative study between Malaysian law and common law


Citation

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

Abstract / Synopsis

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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Additional Metadata

Item Type: Article
Subject: Abortion, Criminal
Subject: Abortion - Law and legislation - Malaysia
Subject: Abortion (Islamic law)
Divisions: Faculty of Forestry
Publisher: Academic Journals
Keywords: Detrimental; Crime of abortion; Comparative law; Islamic law; Common law
Depositing User: Norhazura Hamzah
Date Deposited: 22 Jun 2012 03:46
Last Modified: 22 Oct 2015 00:06
URI: http://psasir.upm.edu.my/id/eprint/17050
Statistic Details: View Download Statistic

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