سقط جنین؛ ترجیح حیات مادر یا حیات جنین

Abortion can be studied based on two basic rights. First, mother’s right to carry a fetus to term, and second, right to life for fetus in the womb during pregnancy. Accordingly, the base of criminalizing abortion is built on one of these two rights. The authors of this writing try to study these two viewpoints through constituent elements of abortion and criterion of committing this crime. The first viewpoint considers abortion intentional discontinuity of pregnancy; hence, criminalizes abortion based on the protection of mother's life and the second viewpoint considers abortion intentional dismissal of the fetus provided that it can not keep on living; accordingly, criminalizes abortion based on the protection of fetus' life.  Doubtless, this writing tries to study bases taken in criminalizing abortion from the viewpoint of principles of committing this crime and the way of considering criminal reaction against it and through a glance at the French legislator's approach and with the focus on the governing view in Islamic Penal Act 1996.