Legal Responsibility for Abortion Resulting from Rape of a Relative and its Implications for the Victim's Rights: A Comparative Study in Islamic Jurisprudence and Iraqi Legislation

Abstract

Rape represents one of the most heinous forms of assault on human dignity, and its brutality is compounded when it occurs within the family, perpetrated by someone who is supposed to provide protection and trust. If this criminal act results in an unwanted pregnancy, the issue becomes more complex, raising thorny legal, ethical, and jurisprudential questions concerning the permissibility of abortion, the determination of responsibility, and the guarantee of the victim's rights. The central problem addressed by this research stems from the fundamental question: Is it permissible – both religiously and legally – to abort a pregnancy resulting from rape of a relative, and what are the limits of legal and jurisprudential responsibility in this case? This research employs an analytical approach, analyzing relevant legal and jurisprudential texts and reviewing judicial applications in Iraq and the region. It also draws upon selected legal experiences from Arab and foreign countries. Furthermore, the research utilizes a comparative approach, examining legal texts and comparing them with the teachings of our tolerant Islamic Sharia. Based on these methodologies, and in order to answer the research questions, the study is divided into two sections. The first section addresses the conceptual framework of abortion resulting from incestuous rape. The second section examines the effects of legal liability on the victim's rights.