The crime of abortion between Islamic law and Algerian law

Abstract

This research seeks to clarify the concept of the crime of abortion, to explain its elements and conditions and to clarify the consequential judicial penalties, for abortion is an intentional and unnecessary termination of the state of pregnancy, before the natural date of birth, and it is a crime that Islam prohibits because of its violation of God’s prohibitions, as Criminal laws, including Algerian law, criminalize them because they constitute an attack on the interests of the fetus, the mother, and the human community, And the Islamic criminal system imposes fair penalties on the perpetrator of this crime, from surprise, atonement, ta'zir, deprivation of inheritance, and others, when its pillars are available and it’s conditions are fulfilled. And this research concludes with the most important similarities and agreement between Islamic jurisprudence and Algerian law in the field of criminalizing abortion and specifying its forms and cases of legalization.