Abortion in Malaysia
Abortion in Malaysia is mostly illegal except in cases when a medical practitioner deems that continuing the pregnancy poses a danger to the mother's life, physical health, and mental well-being. Abortion in Malaysia is regulated under Sections 312-316 of the Penal Code.[1] Access to abortion has been hampered by religious, cultural, and social stigmas against abortion, poor awareness of abortion legislation among health professionals, and the high cost of abortion services in the private health sector.[2][3][4]
Legislation and regulations
During the British colonial era, abortion in Malaya was regulated by the British Empire's 1871 Indian penal code, which banned abortion on all grounds. Other historical legislation have included the 1956 Medicines Advertisement and Sale Act, which prohibited the publication of abortion advertisements.[5]
Abortion in Malaysia is currently regulated under Sections 312-316 of the Penal Code. Section 312 states that those who induce an abortion with a woman's consent can be imprisoned for a term of three years or fined or both. If the woman is "quick with child" (meaning beyond her fourth month of pregnancy), the woman and provider can be sentenced to up to seven years' imprisonment or fined. Section 313 states that those who cause an abortion without a woman's consent can be imprisoned for 20 years or fined. Section 314 states that whoever causes an involuntary abortion that leads to the woman's death can be imprisoned for ten years or fined. Section 315 states that whoever prevents a child from being born alive or causes it to die after birth can be imprisoned for ten years or fined unless it is for the purpose of saving the mother's life. Section 316 classifies causing the death of a "quick unborn child" as culpable homicide.[1][5] In 1971, the Parliament of Malaysia amended Section 312 of the Penal Code to permit abortion to save a woman's life. In 1989, Section 312 was amended again to permit abortion to safeguard a woman's mental and physical health.[1][5][6]
As a Muslim country, Malaysia also has a dual legal system with Muslims 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 or fetal impairment are still illegal.[7]
Notes and references
- ↑ 1.0 1.1 1.2 Penal Code Act 574
- ↑ Archer 2018, pp. 3-4.
- ↑ Low Wah-Yun et al 2015, pp. 34-35.
- ↑ Abdullah 2009, pp. 8-9.
- ↑ 5.0 5.1 5.2 Archer 2018, p. 2.
- ↑ Low Wah-Yun et al 2015, p. 34.
- ↑ Archer 2018, pp. 2-3.
Further reading
- Lua error in package.lua at line 80: module 'strict' not found.
- Lua error in package.lua at line 80: module 'strict' not found.
- Lua error in package.lua at line 80: module 'strict' not found.
Legislation
- Penal Code Act 574, 1 February 2018
