The legality of terminating pregnancy from the Malaysian and Islamic law perspectives

Terminating Pregnancy or more commonly known as Abortion is one of the most controversial areas in medical law and ethics. The ‘legality of terminating pregnancy’ debate that has taken place is immensely wide-ranging, embracing numerous concepts, such as the beginning of human life, sanctity of life...

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Main Authors:	Jahn Kassim, Puteri Nemie, Mohamad Hussain, Mazlena
Format:	Book Chapter
Language:	English
Published:	Jordan Society for Islamic Medical Sciences & Federation of Islamic Medical Associations 2019
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/73642/ http://irep.iium.edu.my/73642/1/73642_The%20legality%20of%20terminating%20pregnancy.pdf

id	iium-73642
recordtype	eprints
spelling	iium-736422020-01-28T04:05:21Z http://irep.iium.edu.my/73642/ The legality of terminating pregnancy from the Malaysian and Islamic law perspectives Jahn Kassim, Puteri Nemie Mohamad Hussain, Mazlena K Law (General) Terminating Pregnancy or more commonly known as Abortion is one of the most controversial areas in medical law and ethics. The ‘legality of terminating pregnancy’ debate that has taken place is immensely wide-ranging, embracing numerous concepts, such as the beginning of human life, sanctity of life and the autonomy of the woman to choose on whether to reproduce and determine the fate of her unborn child. Judicial interventions in this area have taken into account not only the legal and ethical dilemmas, but religious viewpoints as well. Although terminating pregnancy has remained unlawful in Malaysia, there are several exceptions that have made it lawful. The Malaysian Penal Code (Revised 1997) (Act 574) through the exception under provision 312 has made terminating pregnancy lawful if the “continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the mental or physical health”. Religious viewpoints on the issue of terminating pregnancy have also been predominant amongst the Malaysian society. Islam regards life, including that of a fetus, as sacred. Although there are no direct verses in the Holy Qur’an that prohibit termination of pregnancy but there are many verses that prohibit taking away life without legitimate reasons. Thus, terminating pregnancy under Islamic law can be lawful if done for legitimate reasons. Nevertheless, there is diversity of opinions amongst the Muslim scholars on whether terminating pregnancy can be conducted within a stipulated time. This paper seeks to discuss the legality of terminating pregnancy from the Malaysian and Islamic Law perspectives. Jordan Society for Islamic Medical Sciences & Federation of Islamic Medical Associations 2019-06-30 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/73642/1/73642_The%20legality%20of%20terminating%20pregnancy.pdf Jahn Kassim, Puteri Nemie and Mohamad Hussain, Mazlena (2019) The legality of terminating pregnancy from the Malaysian and Islamic law perspectives. In: Fima Yearbook 2018 - Encyclopedia of Islamic Medical Ethics. Jordan Society for Islamic Medical Sciences & Federation of Islamic Medical Associations, Jordan, pp. 112-119. ISBN 978-9957-629-03-8
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Jahn Kassim, Puteri Nemie Mohamad Hussain, Mazlena The legality of terminating pregnancy from the Malaysian and Islamic law perspectives
description	Terminating Pregnancy or more commonly known as Abortion is one of the most controversial areas in medical law and ethics. The ‘legality of terminating pregnancy’ debate that has taken place is immensely wide-ranging, embracing numerous concepts, such as the beginning of human life, sanctity of life and the autonomy of the woman to choose on whether to reproduce and determine the fate of her unborn child. Judicial interventions in this area have taken into account not only the legal and ethical dilemmas, but religious viewpoints as well. Although terminating pregnancy has remained unlawful in Malaysia, there are several exceptions that have made it lawful. The Malaysian Penal Code (Revised 1997) (Act 574) through the exception under provision 312 has made terminating pregnancy lawful if the “continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the mental or physical health”. Religious viewpoints on the issue of terminating pregnancy have also been predominant amongst the Malaysian society. Islam regards life, including that of a fetus, as sacred. Although there are no direct verses in the Holy Qur’an that prohibit termination of pregnancy but there are many verses that prohibit taking away life without legitimate reasons. Thus, terminating pregnancy under Islamic law can be lawful if done for legitimate reasons. Nevertheless, there is diversity of opinions amongst the Muslim scholars on whether terminating pregnancy can be conducted within a stipulated time. This paper seeks to discuss the legality of terminating pregnancy from the Malaysian and Islamic Law perspectives.
format	Book Chapter
author	Jahn Kassim, Puteri Nemie Mohamad Hussain, Mazlena
author_facet	Jahn Kassim, Puteri Nemie Mohamad Hussain, Mazlena
author_sort	Jahn Kassim, Puteri Nemie
title	The legality of terminating pregnancy from the Malaysian and Islamic law perspectives
title_short	The legality of terminating pregnancy from the Malaysian and Islamic law perspectives
title_full	The legality of terminating pregnancy from the Malaysian and Islamic law perspectives
title_fullStr	The legality of terminating pregnancy from the Malaysian and Islamic law perspectives
title_full_unstemmed	The legality of terminating pregnancy from the Malaysian and Islamic law perspectives
title_sort	legality of terminating pregnancy from the malaysian and islamic law perspectives
publisher	Jordan Society for Islamic Medical Sciences & Federation of Islamic Medical Associations
publishDate	2019
url	http://irep.iium.edu.my/73642/ http://irep.iium.edu.my/73642/1/73642_The%20legality%20of%20terminating%20pregnancy.pdf
first_indexed	2023-09-18T21:44:23Z
last_indexed	2023-09-18T21:44:23Z
_version_	1777413352576778240

The legality of terminating pregnancy from the Malaysian and Islamic law perspectives

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