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Abortion Law in Malaysia

I believe that an abortion or abortion should only take place if the point of viability of the fetus has not been reached (less than 22 weeks). If the mother is more than 22 weeks pregnant, the doctor should begin labor and give birth to the fetus instead of aborting it, knowing that the fetus is able to live outside the womb. According to Dr. Rosvinder, many general practitioners do not have the proper equipment to confirm the duration of pregnancy and perform an abortion. Many questions have gone unanswered in Malaysia due to a lack of detailed requirements and broader exemptions regarding abortion, and gaps remain unmet. As a result, this has led to more illegal and dangerous abortions. Qualified doctors can perform an abortion service in Malaysia. Two years ago, a Malaysian woman`s artwork on legal abortion made the rounds on social media. Here`s what it looks like if you haven`t come across it on your timeline: a) The First Amendment was signed into law in 1971, in which abortion was allowed to save a woman`s life; and just recently, the United States struck down a law (“Roe v Wade”), which meant that abortion is no longer a protected right there. The news has spread around the world, which may lead some of us to wonder: Do women in Malaysia have the right to abortion? It turns out that even some of our doctors don`t know what the answer is. In 2014, Nirmala, a young Nepalese migrant worker, was arrested after a search of the clinic where she was recovering.

She was sentenced to 12 months in prison for a legal abortion, although she was later acquitted. Although dismissals are allowed, the law remains limited. Under the Criminal Code, only the physician decides whether to dismiss. This is particularly worrisome given the results of the 2007 survey by the Reproductive Rights Advocacy Alliance of Malaysia (RRAAM), which found that only 57% of the 120 doctors and nurses surveyed knew that abortion was legal in certain circumstances. The general rule for an abortion is that it is illegal for women or anyone else to do so. Section 312 of the Penal Code states: In general, all types of voluntary abortions are illegal in Malaysia, but there are some exceptions. Medical abortions can be performed over the phone or over the Internet, which not only increases accessibility, but also eliminates stress on health facilities. These problems stem from the norm of sex education in this country. The taboo and stigma surrounding abortion can only be dispelled through greater awareness and understanding. As a Muslim country, Malaysia also has a dual legal system in which Muslims are subject to Sharia law.

In 2002, the National Fatwa Council issued a fatwa allowing abortion up to 120 days of pregnancy in cases where the mother`s life is in danger or a fetal deficiency. Abortion for rape, incest or fetal disability is still illegal. [8] In 2018, the Federation of Reproductive Health Associations of Malaysia (FRHAM) estimated that about 90,000 abortions are performed each year in Malaysia. Similarly, the Reproductive Rights Advocacy Alliance Malaysia (RRAAM) has estimated that there are about 240 clinics throughout the country that provide abortion services. While public hospitals and clinics are reluctant to provide abortion services except in circumstances where the life and health of the mother are at risk, private health care providers are more willing to provide abortion services, but their services are unaffordable for most poorer Malaysians and migrant workers. The private health sector is also not regulated. Nadini Archer and Rashida Abdullah also report a reluctance on the part of doctors and nurses, particularly in the field of public health, to perform abortions. There is also a misconception among health professionals, the public and the media that abortion is illegal in Malaysia.

[2] [4] [3] b) another in 1989 to allow abortion in order to maintain a woman`s physical and mental health. The law basically states that if a woman gives her consent to abortion and the doctor does so only in good faith to ensure that the woman does not lose her life, then abortion can be performed. So, while these exceptions can be respected, abortion is not illegal in nature. Kuala Lumpur, November 18 – Malaysia is one of the few Muslim-majority countries in the world where abortion is legal. The issue of abortion remains a controversial issue because it involves many ethical dilemmas, especially with regard to autonomy. In my opinion, a woman`s right to her own body should not be hindered by authority, and access to abortion should be open and informed. Dr. Subatra said this often results in women often being transferred to many hospitals looking for a doctor willing to abort and respect the patient`s decision.

Nirmala was later acquitted on the grounds that, given her particular circumstances, forcing her to continue her pregnancy posed a risk to her life. The charges against the doctor who performed Nirmala`s abortion have been withdrawn.