The United Arab Emirates (UAE) is on track to make abortion legal in the instances of rape and incest and if legalised, it will make the abortion laws in the Islamic country more liberal than that in many states in the United States of America.
This comes at a time when the US Supreme Court’s decision in 2022 eliminating federal constitutional abortion has led to 14 US states banning all or almost all forms of abortion.
On the contrary, the UAE cabinet has approved a resolution that would allow abortions in cases of rape and incest, hence making it more liberal than the US abortion laws.
As per the new resolution in UAE, the abortion will be permitted if the incident is reported immediately and the procedure is performed within 120 days of pregnancy.
The UAE’s Cabinet Resolution No. (44) of 2024 connected to Medical Liability law states that abortion is allowed “if the pregnancy is the result of intercourse with a female against her will, without her consent, or adequate volition” and “if the person who caused the pregnancy is an ancestor of the woman or one of her mahram [ineligible for marriage] relatives” as reported by The National.
As far as US abortion laws go, nine out of 14 American states do not allow abortions even in cases of rape or incest, according to a report by the Kaiser Family Foundation (KFF). These states include Alabama, Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Dakota, Tennessee, and Texas.
The recent changes in the UAE’s stance on abortion highlight the contrasting approaches to the issue between the UAE and several US states, where strict restrictions on abortion persist.
Let’s delve into the specifics of these state laws in the US and their provisions.
Arizona: A new law in the US state of Arizona has banned abortion after 15 weeks of pregnancy, with no exceptions for cases of rape or incest. The state’s 1864 abortion law is set to be repealed in the fall, temporarily making the ban nearly absolute.
Idaho: The abortion bans in Idaho, which prohibit abortion at six weeks and completely, include exceptions for cases of rape and incest. However, these exceptions only apply during the first trimester, and individuals must report the assault to law enforcement.
North Dakota: This US state allows abortion in cases of rape or incest up to six weeks of pregnancy.
Mississippi: In Mississippi, abortion bans have been put in place with exceptions for cases of rape and incest, but individuals seeking abortion in such cases are required to report to law enforcement.
Indiana: In Indiana, a total abortion ban allows exceptions for cases of rape and incest up to 12 weeks of pregnancy.
West Virginia: In West Virginia, a total ban on abortion includes exceptions for cases of rape and incest. Abortion is allowed up to eight weeks for adults and 14 weeks for minors, with mandatory reporting to law enforcement.
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