Abortion Law in Pakistan
Abortion is legal in in Pakistan but in very limited circumstances. Isqat-i-Hamal may causes woman with child
whose organs have not been formed in good faith only for the purpose of saving
the life of the woman, or providing necessary treatment to her.
The legal status of
abortion in Pakistan
In 1990, the Pakistan government revised the colonial-era Penal
Code of 1860 with respect to abortion. The revisions sought to conform better
to Islamic teachings regarding offenses against the human body. Under the 1990
revision, the conditions for legal abortion depend on the developmental stage of
the fetus—that is, whether the fetus’s organs are formed or not. Islamic
scholars have usually considered the fetus’s organs to be formed by the fourth
month of gestation. Before formation of the organs, abortions are permitted to
save the woman’s life or in order to provide “necessary treatment.” After
organs are formed, abortions are permitted only to save the woman’s life.
Likewise, the penalties for illegal abortion depend on the
fetus’s developmental stage at the time of the abortion. Before organs are
formed, the offense is penalized under civil law (ta’zir), by
imprisonment for 3–10 years. After organs are formed, traditional Islamic
penalties, in the form of compensation (diyat), are imposed. Depending
on the outcome of the abortion, imprisonment may be imposed as well.
Source: United Nations Population Division, Abortion
Policies: A Global Review, New York: United Nations, 2002.
Relevent Provsions of
Pakistan Penal Code regarding Abortion (Isqat-i-Hamal)
338.
Isqat-i-Hamal : Whoever causes woman with child whose organs
have not been formed, to miscarry, if such miscarriage is not caused in good
faith for the purpose of saving the life of the woman, or providing necessary
treatment to her, is said to cause isqat-i-haml.
Explanation
: A woman who causes herself to miscarry is within the meaning of this section.
338-A.
Punishment for Isqat-i-haml : Whoever cause isqat-i-haml
shall be liable to punishment as ta'zir-
(a)
with imprisonment of either description for a tern which may extend to three
years, if isqat-i-haml is caused with the consent of the woman; or
(b)
with imprisonment of either description for a term which may extend to ten
years, if isqat-i-haml is caused without the consent of the woman:
Provided
that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies,
the convict shall also be liable to the punishment provided for such hurt or
death as the case may be.
338-B.
Isqat-i-janin : Whoever causes a woman with child some of
whose limbs or organs have been formed to miscarry, if such miscarriage is not
caused in good faith for the purpose of saving the life of the woman, is said
to cause Isqat-i-janin.
Explanation
: A woman who causes herself to miscarry is within the meaning of this section.
338-C.
Punishment for Isqat-i-janin : Whoever causes isqat-i-ianin
sha!l be liable to;
(a)
one-twentieth of the diyat if the child is born dead;
(b)
full diyat if the chitd is born alive but dies as a result of any act of the
offender; and
(c)
imprisonment of either description for a term which may extend to seven years
as ta'zir:
Provided
that, if there are more than one child in the womb of the woman, the offender shall
be liable to separate diyat or ta'zir, as the case may be/for every such child:
Provided
further that if, as a result of isqat-i-fanin, any hurt is caused to the woman
or she dies, the offender shall also be liable to the punishment provided for
such hurt or death, as the case may be.
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