Foetal Abortion Before and After Ensoulment in Islamic Law and Algerian Legislation

Abstract

This study examines the subject of foetal abortion from both a Sharia and a legal perspective, by clarifying the concept of abortion and setting out the rules governing the ensoulment of the foetus. Abortion is a highly sensitive and multi-faceted issue that continues to generate considerable debate, despite the fact that the majority of comparative national laws have criminalised the act on the grounds that it constitutes an assault upon the foetus's right to life. The study accordingly seeks to establish the canonical and legal foundations of abortion before and after ensoulment in Islamic law and in Algerian legislation.