جريمة الإجهاض بين تحريم الفقه الإسلامي و تجريم القانون الجزائري

Abstract EN

The crime of abortion has not only changed the level of the fetus' right to life, it has also changed the moral and religious concepts in the family and society.

Since the criminal law is the most affected by the negative effects of this crime, a criminal policy must be developed commensurate with it.

With the various jurisprudential provisions raised by the crime of abortion, especially as they constitute a point of difference between the jurists of Islamic law, which is supposed to be familiar with them, and the meeting point occupied by medical scientists, social and law.

Therefore, it is necessary to establish a criminal framework within which to achieve a balance between the interest of the pregnant woman in preserving her life and mental and psychological balance on the one hand, and the interest of the fetus in protecting his right to life on the other hand, and in view of the widening gap between the course of attacks on embryos, which is developing day by day.

In the light of the call for women's rights, and among the criminal texts that attempt to materialize these rights on the one hand and the application of the provisions of Sharia, on the other hand, it was necessary to be at least accurate in the development of the criminal text in view of the widespread attacks and cases that require legalization alike.