In the Light of Modern Medicine Provisions Regarding Low Child in Islamic Law

Cumhuriyet İlahiyat Dergisi 27 (1):184-195 (2023)
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Abstract

The jurists, taking as reference the texts and the experiential studies of the period, preached various provisions regarding the issues such as fetal development, full birth or birth and death in this process. The majority made evaluations on the basis of the hadith about the fetal development process -mentioned in three separate periods of forty days-, but it was observed that this did not overlap with some medical guidance. Because the development period expressed by the jurists could not be prolonged, it was determined that this process was completed before according to modern medicine. Jurists stated that he did not have any law regarding the fetus born before this period, since it was based on this period, and evaluated and evaluated whether those born later were alive or not. It has been presented in different jurisprudence in terms of various branches in fiqh, which is called “frequency” of the previous abortion effect after/during the full birth, and which is considered to be soul-blowing at the end of four months. These conflicts affected sons' abilities such as bathing, shrouding, burial and burial of the miscarriage. The mother also created many provisions such as her legal status such as nifas, talaq and ummu'l-veled, punishment lessons such as abortion and gurra, financial concepts such as heir and inheritance, and its effects on conditional contracts. In our study, in the event that the fetus dies due to the cell in the womb where the study medical information is located, the protections against it and the judgment it gives birth to in relation to it are discussed.

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