UAE To Legalise Abortion In Cases Of Rape And Incest In Landmark Reform, Law More Liberal Than 9 US States

The United Arab Emirates is due to permit abortions only for victims of rape and cases of incestual sex. Reportedly, the rape or case of incest must be reported immediately and then proven by a report from the Public Prosecution. Abortion, under a new resolution passed by the cabinet will be permitted “if the pregnancy is the result of intercourse with a female against her will, without her consent, or without adequate volition” or “if the person who caused the pregnancy is an ancestor of the woman or one of her mahram [ineligible for marriage] relatives”.

The new resolution stipulates that the foetus must be less than 120 days (17 weeks) old at the time of the abortion, and the woman’s life should not be at risk during the procedure. The decision will come into effect once announced in the Official Gazette.

Existing UAE law only permits abortion in cases of risk to the mother’s life or severe abnormalities in the foetus.

According to the Gulf country’s Penal Code, the penalty for rape is life imprisonment. The offender could face capital punishment if the victim is under 18 or “has a physical disability or suffers from a health condition that renders her unable to resist, or if the perpetrator is one of the victim’s ascendants or non-marriageable relatives.”

Abortion in Islam remains a complicated issue on which there are differing opinions. The notion of ‘life’ beginning at conception does not apply in Islam.

The Islamic concept of ‘ensoulment’ applies from when the foetus is 120 days old, but even then, abortions do come with restrictions. Before the 120-day mark, while the foetus is a living being inside the womb, it isn’t considered a human life.

Law more liberal than 9 US states

The UAE is potentially making its abortion laws more liberal than those in up to nine US states. Following the 2022 US Supreme Court decision to remove federal constitutional protections for abortion, 14 states have implemented near-total bans on the procedure.

Among the 14 American states, nine — Alabama, Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Dakota, Tennessee, and Texas — do not permit abortions even in cases of rape or incest, according to a report by the healthcare research nonprofit Kaiser Family Foundation (KFF).

In comparison to the recent changes in the Arabian nation in this regard, several US states maintain stringent restrictions on abortion. Let us have a look at the states and their provisions.

• Arizona: Abortion is banned after 15 weeks of pregnancy with no exceptions for rape or incest.
• Mississippi: Abortion bans have exceptions for rape and incest, but a report to law enforcement is required.
• Idaho: The six-week and total abortion bans contain exceptions for rape and incest, applicable only during the first trimester in the total ban, and the assault must be reported to law enforcement.
• Indiana: The total abortion ban allows exceptions for rape and incest up to 12 weeks of pregnancy.
• North Dakota: Abortion in the case of rape or incest is applicable up to six weeks of pregnancy.
• West Virginia: The total ban includes exceptions for rape and incest, allowing abortion up to eight weeks for adults and 14 weeks for minors, with mandatory reporting to law enforcement.