Legal Effects of Pregnancy Duration on Pregnant Woman's Flight in Air Transport: Comparative Study

Abstract

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Air flight has become an important means of modern transportation for members of society, including pregnant women. The term of pregnancy means the time that the fetus stays in its mother’s womb. The Iraqi, British and American legislators did not explicitly specify the duration of pregnancy, as the American and British law referred it to medical tests, and the Iraqi law to Islamic Sharia and jurisprudence. And that the duration of pregnancy has a significant impact on the laws of airlines and companies operating in the air field, as the laws of the majority of airlines, including the comparison countries (Iraq, Britain and America) stipulate the conditions or restrictions for the travel of a pregnant woman when she embarks on the flight, and these laws have a role in the possibility of pregnant women traveling by air, When the term of her pregnancy is close to the usual date of birth.The latest statistics indicate that the incidence of births on flights has increased greatly in recent decades due to the frequent trips of pregnant women to travel by this means of transportation.We have reached several results, perhaps the most important of which are: There is no disagreement among Islamic jurists on the issue of determining the minimum pregnancy period (six months), but there is a great deal of disagreement between them in determining the maximum length of pregnancy, and then we made a number of recommendations, the most important of which are: The last times on board civil aviation, and because the majority of these births occur in the case of early pregnancy, we suggest to pregnant women that they take into account the controls issued by the airline’s instructions when applying for a ticket, and we also suggest to the competent authority in the airlines to conduct a good audit when accepting the request to give the travel ticket to the woman pregnant woman.