ABORTION AND ITS PUNISHMENT WITH SPECIAL REFERANCE TO ISLAMIC CRIMINAL LAW AND COMMON LOW PROVISION : A COMPARATIVE ANALYSIS

Abstract

Undeniably, the issue of abortion is an interesting issue which has been discussed and debated by Muslim scholars as well as western writers. It has been discussed in various books, fiqh seminars and many short detailed works have been compiled on the subject. It must be remarked here that issue of abortion which generally haram (forbidden) in Islamic point of view is possible to us to find express rulings concerning it in the classical work. As such, inference could be made on it. However, it is important to note there are certain exceptions from the general ruling which requires the scholars and jurist would be given and laid down their opinion based on the general and broad guidelines of sharia'h. It has been noted that while Islam permits preventing pregnancy for valid reason, it does not allow doing violence to it once it occurs.