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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, abortion is typically performed during the first three months of pregnancy.
No matter the cause of the pregnancy—even if it is the consequence of rape—abortion is categorically prohibited under Islamic law unless the mother’s life is in grave danger as a result of the pregnancy.
Law in the UAE and its position on abortion
The crime of abortion rises to the level of a misdemeanor when it impacts human life by taking the life of the unborn as a future human being. Abortion is seen by the law as a moral, social, and human crime or offence.
* A woman must wait until a specialized medical committee, made up of at least three doctors, determines that pregnancy or childbirth is dangerous to the mother and her life, before taking the step of interrupting pregnancy or stopping reproduction by performing surgery, taking medications, or using any other method.In this case, the husband must give written approval and be informed of the choice.
* Abortion is generally prohibited by UAE law; a doctor is not permitted to conduct an abortion on a patient or to administer drugs or other treatments that would cause a pregnant person to abort, with the exception of the following two situations:
First instance
If it is determined that the pregnant woman’s life is in danger from continuing the pregnancy, the following guidelines must be followed:
An abortion request must be granted by the attending physician and follow-up on the pathological condition that led to the request from a gynecologist and delivery expert.
Edit a report that the doctors involved have written outlining the reasons for the abortion. All parties must have a copy of this report, and it must be signed by the pregnant lady, her husband, and, in the event that she is unable to provide consent, her guardian.
The husband’s permission is not necessary if the pregnant woman is in a dangerous, challenging, or life-threatening circumstance that necessitates immediate surgical surgery to preserve her life.
Second instance
- If the fetus has abnormalities, as determined by medical evidence, the following is necessary:
- In this instance, the mother and father decide they want to abort the wife.
- In this situation, the choice to undergo an abortion must be made prior to 17 weeks (120 days) of pregnancy.
- The fetus’ abnormalities must be severe enough that they cannot be reversed or corrected before the child is born or while still in the womb. If this is the case, the child’s life will be difficult, unpleasant, and full of suffering for both him and his family if he is born with the deformity.
Only after a medical report from a medical panel made up of experts in the following fields should abortions be carried out:
- Obstetrics and gynecology specialists
- Pediatrician
- specialty in radiology
This report should demonstrate the need for performing abortions by relying on precise medical examinations and the application of accepted scientific methods.
Pills for abortion and their negative effects
It is one of the illegal ways to get rid of the fetus and poses major hazards to both the pregnant lady and the unborn child. It can also cause serious birth defects and endanger the fetus’ life.
According to UAE law’s penal code, an abortion crime carries the following penalties:
According to Article 339.3 of the Federal Penal Code, a person who has inflicted bodily harm on another and whose assault resulted in disease or disability shall be punished with imprisonment and a fine. The maximum sentence for imprisonment may be doubled by the court. According to the guidelines in Article 103(A) and (B) of the Federal Penal Code, the court may double the maximum fine or jail term.
If the aforementioned requirements are not met in an abortion but the abortion was nonetheless carried out willingly, the UAE penal code deems the abortion to be a misdemeanor and imposes the following punishment:
Whoever knowingly causes a pregnant woman to miscarry will be sentenced to a period of imprisonment not to exceed five years.
According to Article 40 of the UAE Federal Penal Code, a woman who gets an abortion without her consent faces a sentence of up to 7 years in jail.
