إجهاض الجنين المشوه بين الشريعة والقانون: دراسة تأصيلية مقارنة

الملخص EN

Medical technology development mainly in the field of genetics and embryology has made a huge breakthrough all around the world.

these technological innovations in medicine enable doctors to screen the fetus inside the womb of its mother.

this allows to know the fetus’ condition and any abnormalities.

consequently, there has been calls for the abortion of this abnormal and deformed fetus, and for getting rid of its burdens before it comes to life.

therefore, this study comes to clarify both the Islamic and the Algerian law views on the issue of aborting a deformed fetus.

the researcher concluded that there is a controversy about this issue within researchers and contemporary jurists among those who strictly prohibited it and others who permitted it with specific controls and conditions.

since, the Algerian law has not dealt clearly about this issue; there is no legal provision prohibiting or authorizing the abortion of a deformed fetus, and the existing texts remain explicable by all interpretations.