The present article is an attempt to study the abortion and its punishment in the Iranian Penal Code as well as elaboration of the foundations of the related punishment. Basically abortion from the inception through the formation of fetus to the birth is impermissible in Islamic jurisprudence. The issue has been discussed in the four sources, that is, the Quran, traditions, reason and consensus as well as in Imam Khomeini’s fatwa.
Today abortion is one of the controversial issues in the world. One of the reasons for abortion is to control the growth of the population. Islam does not allow abortion for the sake of population control. Of course if the life of the mother is in danger or if the fetus has disabilities, it is allowed. The law to this effect has been approved in Iran. The present article is an attempt to study this issue.