SIS Forum calls on the Women, Family and Community Development Ministry and the Health Ministry to strengthen public understanding of reproductive healthcare following findings that fewer than half of women know abortion is legal in Malaysia under certain circumstances.
A recently launched SIS Forum study, “Bodily Autonomy in Malaysia: Perceptions and Experiences Across Women's Life Stages”, found that awareness of abortion law remains alarmingly low.
Fewer than half of women (45 percent) know that therapeutic abortion is legal under certain circumstances, while one in five (21 percent) believe it is entirely illegal.
These findings demonstrate that significant gaps remain in public understanding of reproductive healthcare and women's legal rights.
Against this backdrop, the deputy Women, Family and Community Development minister’s recent statement in Parliament that abortion is prohibited by law did not reflect the full legal position under Section 312 of the Penal Code.
Statements made in Parliament carry authority. They should contribute to public understanding of the law, not reinforce misconceptions that already exist.
Misunderstanding the law has real consequences. Women who do not know their legal rights may delay or avoid seeking medical advice, misunderstand the healthcare options available to them, or assume they have no lawful options when, in fact, the law provides otherwise.
Making informed decisions
Access to accurate information is therefore fundamental to informed decision-making and to women's ability to exercise the rights and protections available under the law.
This is not a new challenge. A 2013 project report, “Issues of Safe Abortions in Malaysia: Reproductive Rights and Choice”, found that 22.4 percent of medical students were unaware that abortion is lawful under certain circumstances, while between 17 percent and 30 percent believed abortion was illegal under all circumstances.
Although 94.5 percent recognised that abortion is permitted to save a woman's life, only 64.2 percent knew it is also lawful where continuing a pregnancy poses risks to a woman's physical health, and 47.3 percent recognised that risks to a woman's mental health may also constitute lawful grounds for abortion.
More than a decade later, SIS Forum’s latest research shows that misconceptions surrounding abortion law continue to persist.
The legal position is clear. Section 312 of the Penal Code permits a registered medical practitioner, acting in good faith, to terminate a pregnancy where continuing the pregnancy would involve a greater risk to the life of the pregnant woman, or injury to her physical or mental health than terminating the pregnancy.
This position is also reflected in the Health Ministry's Guideline on Termination of Pregnancy.
Islam’s position on abortion
Public discussion should also reflect the diversity of Islamic legal thought.
“Islam and Family Planning, 2001” published by Sisters in Islam (now SIS Forum) in collaboration with the Kelantan Family Planning Association, explains that Islamic jurisprudence does not adopt a single, absolute position on abortion.
There is broad agreement among Islamic jurists that abortion is permissible where continuing a pregnancy endangers the woman's life, while juristic opinions differ on its permissibility before 120 days under particular circumstances.
Public discourse should therefore reflect both the legal framework and the diversity of Islamic scholarship rather than reducing a complex issue to an absolute prohibition.
We therefore call on the Women, Family and Community Development Ministry to work together with the Health Ministry to strengthen public understanding of reproductive healthcare through clear, medically accurate and legally accurate public education.
This should include accessible information for the public, guidance for MPs and healthcare providers, and stronger public education initiatives so that discussions on reproductive healthcare are informed by law, medical evidence and an understanding of Islamic jurisprudence.
As highlighted during the recent “Bodily Autonomy” forum, improving women's access to accurate information must be recognised as a public policy priority.
Public institutions have a responsibility not only to formulate policies, but also to ensure that the public understands them.
The role of government is not only to respond to public health issues but also to educate.
Women can only make informed decisions when they have access to accurate, evidence-based information about their health and the rights available to them under the law. - Mkini
SIS FORUM is an NGO committed to promoting justice, equality, freedom, and dignity within Islam and advancing the rights of Muslim women through legal advocacy, public education, research, and policy engagement.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT
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