1. Introduction. – 2. Literature Review. – 3. Methodology. – 4. Results and Discussion. – 4.1. Abortion Regulation in Jordan, the UAE, Europe, and Sharia Islamic Law. – 4.2. Islamic Perspective on Abortion Causing the Death of a Pregnant Woman. – 4.2.1. – Penalties of Intentional Abortion in Islamic Sharia. – 4.2.2. Penalties for the Unintentional Death of a Pregnant Woman in Islamic Sharia. – 4.3. The Concept of Abortion Resulting in Death under Jordanian and Emirati Law. – 4.3.1. The Presumed Element (Existence of Pregnancy). – 4.3.2. The Actus Reus Element. – 4.3.3. The Mens Rea Element. – 4.3.4. Penalties for the Offense of Abortion Resulting in Death. – 5. Problematic Aspects of Abortion Resulting in Death under Jordanian and Emirati Law. – 5.1. Maternal Death in Cases of Nonexistent Pregnancy. – 5.2. Conflicting Legal Classifications of Fatal Abortion. – 6. Analyzing Abortion and Maternal Deaths in Europe: France and Poland Comparative Perspective. – 7. Philosophical Basis and Criminal Policy of the Proposed Penalties. – 8. Conclusions.
Background: The study looks at the criminal implications for the death of a woman undergoing an abortion in the context of Islamic Sharia and the legal frameworks of Jordan, the United Arab Emirates, and Europe. The main concern of this study is how to preserve the mother's life while protecting the fetus, which raises sensitive questions about the legal definition of abortion that causes death. The study problem stems from the lack of explicit provisions in Emirati law and in the legislation of France and Poland that criminalize this composite conduct, in contrast to the explicit regulation found in Jordanian law. The study aims to clarify the Islamic Sharia's perspective on abortion crimes and the consequential death of the pregnant woman.
Method: The study uses a comprehensive comparative analytical methodology that systematically contrasts relevant Islamic Sharia rulings with the Jordanian, Emirati, French, and Polish legal frameworks governing abortion and the legal consequences of death resulting from it. The study's objectives are to identify similarities and differences between religious and positive law, assess their impact on criminal liability, and assess how well each legal system balances the protection of fetal life with consideration for individual rights and medical necessity. It accomplishes this by critically examining judicial interpretations, statutory provisions, and doctrinal sources.
Results and Conclusions: The study draws several important conclusions, chief among them being that both Jordanian and Emirati laws are in line with Islamic Sharia in that they forbid abortion unless necessary, and criminalize both abortion and the killing of a pregnant woman while imposing penalties for both. In contrast to Jordanian law, which specifically forbids abortion that results in death, Emirati and European laws permit abortion in cases of fetal malformation. The study also identifies shortcomings in Emirati law concerning the escalation of penalties. Therefore, in accordance with the Jordanian legislative approach, the study suggests adding a specific clause to Emirati law that criminalizes abortion that results in death and imposes harsher penalties. It also addresses circumstances where criminal liability increases following the issuance of a final judgment for abortion.