Abortion – Definition – laws – necessity and penalties – UAE medical liability law Definition of abortion: It is the end of pregnancy by exiting or removing WhatsApp: +971555570005
Definition, laws, necessity and penalties – UAE medical liability law
Definition of abortion:
the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy.
Islamic law defined it as:
is the lowering of the fetus before it completes the duration of pregnancy.
Many Countries prohibit abortion almost entirely, but not all, Some allow legal abortion in a variety of circumstances. These conditions vary according to jurisdiction, but may include conditions whether pregnancy is the result of (rape or incest, poor fetal development, a woman’s physical or mental well-being, or socio-economic considerations making birth difficulties ).
In some countries where abortion is strictly prohibited, such as Nicaragua, medical authorities have recorded a rise in maternal and direct mortality due to pregnancy as well as deaths due to doctors’ fears of persecution if they treat other women’s emergencies.
Other countries, such as Bangladesh, which prohibit nominal abortion, may also support clinics that perform abortions under the guise of monthly hygiene. This is also a term in traditional medicine. In places where abortion is illegal or has a severe social stigma, pregnant women can engage in medical tourism and travel to countries where they can terminate their pregnancy
• In the UAE, laws mentioned abortion it’s necessity and penalties:
Medical Liability Law Article 16:
A physician may not perform any abortion operation of prescribe
Anything that may induce an abortion except in the following two cases;
1- If continuing pregnancy poses a risk to a pregnant woman’s Life, and under the following conditions:
a. There is no other means to save the pregnant’ s life except |
b. Abortion shall be performed by a specialist with the approval of the physician
who is attending the medical condition giving rise to
c. A report shall be written by the concerned physicians indicating the reason for abortion. It shall be signed by the Pregnant woman, her husband or guardian – if her consent cannot be obtained – as a proof of consent to the abortion procedure. Each of the concerned parties shall keep a copy of the report. Approval by the husband is not stipulated in the case of emergencies requiring immediate surgical
2- If it is proven that the fetus is mutilated, and under the following conditions:
a. Abortion shall be performed at the request of the parents.
b. The length of pregnancy is shorter than one hundred and
c. The mutilation is proven by a report of a medical board comprising consultants in gynecology, obstetrics, pediatrics and radiology.
d. The board’s report is based on medical examinations and the use of scientifically acceptable technologies,
¢. The fetus is suffering from a serious untreatable mutilation
that his life – if born alive — would be bad and painful for him and his family.
in the UAE it is possible to perform an abortion in the cases mentioned in the above article, but also the same law has prevented abortion for no reason and made this punishable , Medical Liability Law Article 33:
“Subject to the provisions of Article (16) of this Decree-Law, a doctor who commits an abortion of a pregnant woman intentionally by giving her medication or by using means leading to it, or by directing her to her, whether it is consensual or otherwise, shall be punished by imprisonment for a term not exceeding four years. Abortion has led to the death of the victim. The penalty is imprisonment for a minimum of five years and not more than ten years”.
also in the UAE Penal Code , Article 340 :
“A individual Shall be sentenced to detention for a maximum period of one year and/or to a fine not in excess of ten thousands dirhams, any pregnant woman who deliberately aborts herself by any means whatsoever.
The penalty shall be detention for a minimum period of two years or to a minimum fine of ten thousands dirhams the person who deliberately aborts a pregnant woman, by any means whatsoever, with her consent.
Should the person causing abortion be a physician, surgeon, pharmacist, midwife or a technician, the penalty shall be imprisonment for a maximum period of five years, without prejudice to a more severe penalty provided for in any other law.
Shall be sanctioned to imprisonment for a maximum period of seven years, whoever willfully aborts a pregnant woman without her consent.
The attempt to perpetrate any of the acts provided for herein shall be sanctioned to half the penalties prescribed there-in”.
In Islamic law, the penalty for abortion is diya, and the due diligence is diya, which is called (Gura) , and this is the judicial penalty. Whoever does it, must fast for two consecutive months, and there is no difference in the Shariaa between the penalty of abortion with the consent or dissatisfaction of the pregnant woman, due to the fact that Islamic law considers abortion as a criminal offense against the fetus and its right to life; with it. There is also no difference between an abortion that leads to the death of a pregnant woman and an abortion that has not led to her death.
Pregnancy is not the right protected by the law, but that the law protects the right of the fetus and who no consent or dissatisfaction with the plans, and therefore the woman has no right to act in pregnancy, so the law punished does carry out abortion even if signed by the pregnant woman, and punished If you accept the use of drugs leading to abortion or enable others to use them.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE