حكم الجناية على الجنين في الفقه الإسلامي : دراسة فقهية استدلالية مقارنة

الملخص EN

Praise be to God, Lord of the Worlds، and may prayers and peace be upon the faithful Prophet, his pure and pure family, and his pathological companions.

As for what follows, Islamic criminal jurisprudence is a wide and important field in Islamic Sharia related to social prohibitions and punishments، such as retribution, limits, and other than what is known today as (criminal law).

It achieves the lofty purposes of reforming the individual and society and spreading virtue، safety and mercy among people , and it is part of the system of honoring the human being contained in the Holy Qur’an.

The Almighty said (And We have honored the children of Adam) Al-Isra : 70، and this research came to focus on one of these important provisions, which is (the rule of felony On the fetus in Islamic jurisprudence) and because this topic is little dealt with in Islamic studies and because of the importance of explaining the opinions of the jurists in the various Islamic schools, the researcher extrapolated the fatwas and opinions of the jurists and the statement of the jurisprudential ruling based on the legal texts and the jurisprudential evidence on this subject.

The research included the second topic : the position of the Imami jurists on the felony of the fetus, as an inductive research، and the third topic The position of the jurists of other Islamic schools on the felony of the fetus، then the conclusion، determining the results, and a glossary of sources and references.