Perpetrators of isqat-i-haml are liable to tazir punishments involving imprisonment of either description for________________?
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Answer: C. Both (a) and (b)
Explanation
Perpetrators of isqat-i-haml face tazir punishments varying based on whether the act was done with or without consent. Penal provisions distinguish between consensual and non-consensual termination of pregnancy when assigning prison terms. Statutory sentencing reflects the gravity of causing a miscarriage without the woman consent through harsher imprisonment. Isqat-i-haml refers to the unlawful causing of a miscarriage under traditional and statutory penal laws. Tazir punishments are discretionary penalties awarded by judges where specific Islamic fixed punishments do not apply. Protecting maternal health and bodily autonomy is a primary objective of laws penalizing unlawful abortions.
Medical professionals and legal experts analyze these provisions when prosecuting illegal abortionists in courts. Judges weigh mitigating and aggravating factors, such as maternal consent and health risks, during sentencing. Strict penalization of non-consensual miscarriage deters dangerous illegal medical practices within society. Option A is incomplete because it only mentions the three-year penalty for consensual acts while omitting non-consensual terms. Option B is also incomplete as it focuses solely on the ten-year penalty without including consensual offenses. Option D is incorrect because both statutory penal scenarios are accurately covered in Option C.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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