Criminalization of Abortion: A Comparative Study between Islamic Sharia, Iraqi Law, and Lebanese Law

Abstract

This research addresses the criminalization of abortion through a comparative study between Islamic Sharia, Iraqi law, and Lebanese law, as a contemporary legal and religious issue closely related to the right to life and the protection of the fetus. The study aims to clarify the religious and legal foundations of criminalizing abortion and to analyze the philosophy and limits of criminalization under Islamic jurisprudence and the selected statutory laws, highlighting points of convergence and divergence.

The research adopts a comparative and analytical methodology by examining Islamic legal texts and juristic opinions, analyzing the provisions of the Iraqi and Lebanese Penal Codes, and reviewing selected judicial rulings issued by criminal and cassation courts in both countries. The study concludes that Islamic Sharia adopts a gradual approach to criminal protection of the fetus, allowing limited exceptions based on necessity, particularly to preserve the mother’s life. It also reveals legislative shortcomings in Iraqi law and a rigid approach in Lebanese law. The study proposes legislative reforms to achieve a balanced protection of fetal life while addressing humanitarian and medical necessities.