UAE to allow abortion for cases of rape, incest in significant reform

In a loosening of restrictions, the UAE will permit abortions for women who were victims of rape or incest

The New Arab Staff
20 June, 2024


The new decision only applies to residents who have been in the UAE for at least one year [Getty/file photo]

The United Arab Emirates is due to permit abortions only for victims of rape and cases of incestual sex.

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 rape or case of incest must be reported immediately and then proven by a report from the Public Prosecution.

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

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 law only applies to residents who have been in the UAE for at least one year. It has been hailed as a significant step in the Muslim country’s abortion laws.

The decision will come into effect once announced in the Official Gazette.

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.