نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
From the time of its formation until birth, the fetus is continuously developing and growing until, after developing the capacity for independent viability, it is born. Therefore, the act of elective birth, which means intervention during the fetal period and preventing the fetus from reaching full development and being born prematurely, can cause harm to the fetus and even the mother. Elective birth, in addition to lacking scientific foundations, does not conform to any of the legal rules that justify medical procedures, such as clause "C" of Article 158 of the Islamic Penal Code (2013); therefore, if this act results in the death of the newborn, the occurrence of a defect in it, or the persistence of a fetal defect after birth, it falls under clause "B" of Article 291 and the note to Article 306 of the Code, carries an intentional character, and will lead to the physician's conviction for qisās (talion) for life or limb. The father and mother, if they instigate this medical procedure with knowledge of its potential consequences, will be convicted as accomplices in an intentional crime and sentenced to ta'zīr (discretionary punishment). Given that the act of cesarean section itself is scientific and legal, if any harm befalls the mother as a result of it, in the assumption of no fault on the part of the physician, no liability is conceivable for him/her and, consequently, for the father (husband).
کلیدواژهها English
