Contraception from the Perspective of Jurisprudence and Criminal Law

Abstract

Contraception is one of the most important issues in the field of reproductive health and population policymaking, which has extensive jurisprudential, legal, ethical, and social dimensions. The present study aims to examine the position of contraception in Imami jurisprudence and Iranian criminal law and attempts to provide a comprehensive framework for understanding existing responsibilities and limitations by analyzing the religious, legal, and procedural foundations. The research method is descriptive-analytical and based on the study of jurisprudential sources, applicable laws, general population policies, and medical documents. The findings show that Imami jurisprudence allows the principle of temporary contraception and is strict only in permanent sterilization. Temporary contraception is not criminalized in Iranian law, but the manner in which it is performed—especially in the absence of informed consent or in violation of technical standards—can result in criminal liability. The Family and Youth Protection Law (1400) has created new restrictions on the provision of contraceptive services and has prohibited certain behaviors, such as advertising contraceptive methods. A comparative analysis shows that there is harmony between Iranian jurisprudence and law in principle regarding the permissibility of temporary contraception, but new population policies sometimes deviate from jurisprudential principles. Finally, suggestions are presented for clarifying laws, strengthening education, and respecting the principles of bioethics.