طبيعة الجنين و شخصيته القانونية بين الشريعة الإسلامية و القانون الوضعي

Abstract EN

Recognizing the foetus as a human being does not exist from a legal point of view due to its actual and certain non-existence through birth and its lack of legal personality on the one hand, and in contrast to it being recognized on the other hand by many rights that can only be enjoyed by those who have legal personality, made it the issue of the legal status of the fetus has an exceptional legal nature within the legal system, which made it the subject of many legal and jurisprudential discussions in the face of the absence of a clear legislative position, which raised some ambiguity about the problem of the duality of its legal nature.

about the extent of the reality of this human being from the legal and legal point of view, and its legal status, by investigating through our study about the legal nature of the foetus, and the extent to which it is possible to determine the legal personality by stating its nature and scope.