A Comparative Study of Abortion in Islamic and Thai Criminal Laws

Abstract

The aim of this research is 1) to study the provisions of abortion in the Islamic Criminal Law. 2) Study the provisions of abortion of the fetus in Thai criminal law 3) Comparison of fetal abortion provisions in Islamic and Thai criminal law where the researcher relies on the method of analysis and comparison in the study of salaries similarities and the difference between the criminal laws.

The study concluded that fetal abortion is a criminal offense in Islamic and Thai criminal law. It is for the purpose of protecting the fetus in pregnancy on the ground, and that the perpetrator should be punished for what he did, except in the exceptional case. Certainly the Islamic Criminal Code and Thai had agreed to require the miscarriage of fetal error in three elements: 1) Abortion 2) Pregnant woman 3) Intention. The Islamic criminal law has gone to prove the criminal error of a person, who deliberately or unintentionally miscarried the fetus, While the Criminal Code of Thailand to prove the criminal error of those who deliberately abort the fetus only, and that the punishment of the culprit in the perspective of Islamic criminal law is in six things: jealousy, disbelief, arrogance, deity and punishment and prevention of inheritance. While we have seen the concept of fetal abortion in the perspective of Thai criminal law is only in the abortion of the fetus during pregnancy or the fetus is dead, and that the punishment of the offender is the introduction of imprisonment or fine or both.