فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: One of the most important stages of a child′s life is the fetal period. Any conscious and unconscious behavior of the pregnant mother plays an essential role in the physical and mental development of the fetus. If the mother makes bad plans and behaves in ways that harm her physical and mental health, it will have consequences and responsibilities for her. The purpose of this study is to investigate the jurisprudence of the mother's duty towards the right of the fetus’s health. Materials and Methods: This descriptive-analytical study has collected data related to the jurisprudential foundations of the mother's responsibility in relation to the fetus’s health and hygiene. Conclusion: Now, the lack of clarification by the legislator brings the ambiguity that the pregnant mother can freely use her will regardless of the fetus’s health. This hypothesis would be rejected due to the general rules governing human actions and leaving human actions and by referring to numerous legal jurisprudence evidences taken from Quran, tradition and rules such as harmlessness, the obligation to avoid possible harm, Tasbib, respect, inviolability of certain things, health as an introduction to take care of the fetus and the jurisprudential discussion of the purposes of Sharia and the possibility of requiring the mother to observe the fetus’s health is inferred.