Abortion in Malaysia

The laws pertaining to abortion in Malaysia are generally ambiguous and specific legislation varies greatly by state. Access to abortion in Malaysia has been hampered by religious, cultural and social stigmas against abortion, poor awareness of abortion legislation among health professionals[1] and the high cost of abortion services in the private health sector.[2][3][4] As a result, risky unsafe abortions are prevalent in Malaysia. Under Sections 312–316 of the Penal Code, it is de jure permitted to perform an abortion to save the life of the mother or in cases where their physical or mental health is at risk, for the first 120 days (approximately 4 months) of gestation.[5]

As a Muslim country, Malaysia also has a dual legal system with Muslims, which make up the majority of the population, being subject to Sharia law. In 2002, the National Fatwa Council issued a fatwa permitting abortion up to 120 days of gestation in cases when the mother's life is in danger or fetal impairment. Abortion on the grounds of rape, incest, on request or due to economical and social factors remain illegal.

  1. ^ Zainuddin, Alifah (12 October 2022). "Doctor Clarifies Abortion Is Legal In Malaysia".
  2. ^ Archer 2018, pp. 3–4.
  3. ^ Low et al 2015, pp. 34–35.
  4. ^ Abdullah 2009, pp. 8–9.
  5. ^ "Penal Code Act 574" (PDF). Archived from the original (PDF) on 18 August 2019. Retrieved 21 August 2019.

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