Abortion under Egyptian law

In accordance with Egyptian law, abortion is considered a criminal act that violates the right to life, as it is often intended to terminate the fetus right to future life. The Egyptian legislature has dedicated a separate chapter in the Penal Code, Title III, titled "Abortion of Pregnant Women and the Manufacture and Sale of Adulterated Drinks Harmful to Health." Egyptian law does not explicitly define abortion. Instead, it outlines the various forms of abortion and the corresponding penalties. The Egyptian Court of Cassation defines it as "deliberately terminating a pregnancy prematurely."

Abortion is one of the most prevalent criminal offenses in the real world, yet it is rarely prosecuted in Egypt. This is because the crime of abortion relies on the element of concealment and is not reported, rather, it is discovered by chance, particularly if the abortion results in the death of the pregnant woman. Even if they are identified, it is challenging to provide concrete evidence to substantiate their existence. The absence of convictions may also be attributed to the judge's comprehension of the social and economic circumstances that may prompt some mothers to seek abortion as a solution. This prompts the judge to attempt to identify reasons for innocence or even a lack of responsibility.

In Egyptian law, the crime is considered a material rather than a formal offense, as the resulting harm is inflicted on a living organism, even if it is a fetus that has not yet emerged into life. Nevertheless, if a fetus that has already separated from the uterus and is on its way out is killed, the act is regarded as murder rather than abortion. The essential element of the crime is the termination of a fetus within the uterus, or the removal of a fetus from the uterus prior to the natural time of birth. Egyptian law does not impose penalties for attempted abortion. However, complicity in abortion is possible through methods of agreement, incitement, or assistance that do not involve the pregnant woman's body. In such cases, the perpetrator would be considered a principal rather than a mere accomplice.

In 1998, Muhammad Sayyid Tantawy, the Grand Imam of al-Azhar, issued a fatwa calling for access to abortion for unmarried women who had been raped. In 2004, he approved a draft bill that would permit abortion in the case of rape; the bill was unsuccessful.

Due to these legal restrictions, unsafe abortions in Egypt are common; carried out by indigenous methods, at clandestine clinics, or by private gynecologists. One study found that about 20% of obstetric hospital admissions were for post-abortion treatment. Another study estimated that between 1995 and 2000, there were 2,542 maternal deaths in the country due to unsafe abortions. Consequently, prevalence is hard to assess. In a 2000 study of 1,025 women from six villages in Upper Egypt, approximately 40% were found to have had at least one abortion; among this group, there were 265 abortions per 1000 live births.