The protective interest in the crime of abortion

Section: RESEARCH
Published
Aug 4, 2025
Pages
237-282

Abstract

There is no doubt that abortions are a very serious and complex social phenomenon, with social, economic, legal, moral and medical factors, as well as their negative effects on both the individual and the society. The criminalization of abortion and its permissibility and the cases in which it is permissible to exercise it in the past and present are the values and beliefs of the legal and moral, and other intellectual and philosophical, and no matter how conflicting views on this subject, abortion constitutes a danger to human societies and ethics, which led to the writing of thinkers, doctors and clerics as a vital and important issue, because of the seriousness of the matter. It is the right of law's men to research this subject, so the old legislation in Mesopotamia was represented by the famous Hammurabi law, which paid great attention to pregnant women and punished every reason for aborting them. The penalties were different according to the social status of women, and it states that the person who causes the projection should be killed if the projection leads to her death. As for the first board of Assyrian law punishes every woman who wants to abort herself or who help her to abortion. The Torah states that the fetus is not formed until the 41st day of inoculation if it is male and on the 81st day if it is female. The Hebrews are severely punished by a fine determined by the husband or the arbitrators. If the matter leads to death, the penalty is the death

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