Abortion and the law in the UAE
Abortion is usually carried out during the first three months of pregnancy and is not permissible according to UAE law, even if this pregnancy is the result of rape, even if the fetus has Down syndrome, this does not require medical termination of pregnancy and abortion in this case is a crime punishable by UAE law.
According to Islamic law, abortion is absolutely forbidden, regardless of the reasons for pregnancy, even if it is the result of rape, unless such pregnancy threatens the life of the mother and poses a serious danger to her.
UAE law and its stance on abortion:
Abortion is considered in the law as a moral, social and human crime or offence and the perpetrators are multiple, and the crime of abortion reaches the rank of misdemeanor where this crime affects human life where abortion takes the life of the fetus as a future human.
* A woman shall not take the step of interrupting pregnancy or cutting off reproduction by taking medications, performing surgery or whatever method is used to cut off a woman’s reproduction, unless the specialized medical committee-composed of at least three doctors-determines that pregnancy or childbirth is dangerous to the mother and her life.in this situation, the husband must provide written consent and notify the husband of this decision.
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* The general rule is that abortion is not permitted in accordance with UAE law ; a doctor has no right to perform an abortion for a woman or to prescribe any medication or anything that would abort a pregnant woman except in the following two cases :
- The first case
- If continued pregnancy poses a threat to the life of the pregnant woman and if this is proved, the abortion must be performed under the following conditions:
- The decision to make an abortion is made by a doctor who specializes in gynecology and childbirth and must be approved by the attending physician and follow-up of the pathological condition called for abortion.
- Edit a report providing the reasons for the abortion by the doctors concerned; provided that this report is signed by both the pregnant woman and her husband and if her consent cannot be obtained, the consent of her guardian shall be obtained, all parties must obtain a copy of this report .
- In case the pregnant woman’s condition is serious, difficult and her life is in a critical situation which requires immediate surgical intervention to save the life of the pregnant woman; the consent of the husband is not required.
- The second case
- * If it is medically proven that the fetus has abnormalities; in such a case the following is required:
- * The mother and father in this case decide that they wish to have an abortion for the wife
- * The decision to have an abortion in this case must be made before 17 weeks (120 days) of pregnancy.
- * The abnormalities of the fetus must be a serious provided that serious malformation cannot end or treated by the birth of the child or while he is inside the womb, and if he is born with this malformation, his life will become painful and full of suffering and pain for him and his family.
Abortion should be performed only after a medical report submitted by a medical commission that composed of the following specialties:
- – Specialty gynecology and obstetrics
- Radiology specialty
– This report should prove the necessity of performing abortion through their relying on accurate medical examinations and the use of recognized scientific techniques.
Abortion pills and its side effect:
It is one of the illegal methods used to dispose of the fetus as well as serious risks to the pregnant woman and the fetus and can lead to malformations of the fetus and pose a threat to the life of the fetus.
The Penalty for the abortion crime according to the penal code in UAE law:
Article 339.3 of the Federal Penal Code stipulates that (a person who has violated the integrity of another’s body by any means and whose assault has led to illness or disability) shall be punished by imprisonment and a fine. The court shall have the right to double the maximum penalty of imprisonment. Regard to the fine, the court may double the maximum penalty or sentence of imprisonment, pursuant to the provisions of Article 103 / (A), (B) Federal Penal Code.
According to the UAE Penal Code, if the above-mentioned conditions are not met in the abortion and the abortion was nevertheless performed willfully, the UAE penal code considers abortion in this case a misdemeanor and its penalty is as follows:
– Who intentionally miscarries a pregnant woman; shall be punished by imprisonment for a term not exceeding five years
– If a woman has an abortion without her consent, the penalty shall be imprisonment for a period not exceeding 7 years, in accordance with Article 340 of the UAE Federal Penal Code.