Recently a Saudi cleric Sheikh Ali al-Maliki expressed an opinion that Syrian women raped by gang-like militia or forces loyal to President Bashar al-Assad should be allowed to undergo abortion. He described rape as one of the most heinous crimes against women that is worse than murder.
Current Syrian law only allows abortion to save woman’s life making abortion in all other circumstances including illegal. Penalty for performing an abortion with woman’s consent is one to three years imprisonment, and penalty for a woman who consented to abortion is six months to three years imprisonment but can be reduced if abortion is done to save woman’s honor. Syria is officially a secular state with the vast majority of its population practicing Islam but its abortion restrictions are harsh even for the Islamic world. Schools of Muslim law universally accept that abortion is permitted if continuing the pregnancy would put the mother’s life in danger even if the pregnancy is over 120 days old but variation of thought exists when it comes to other exceptions to the abortion ban. Tunisia and Turkey have significantly liberalized their abortion law and allow it under virtually all circumstances within the first trimester, although a recent bill pending in Turkey could effectively outlaw abortion. Jordan, Kuwait, Morocco, Qatar, and Saudi Arabia allow abortion in cases of serious health risk. Iran, Kuwait, and Qatar created an exception in cases of fetal defects assuming the pregnancy is less than 120 days old. Sudan, Egypt, Bosnia, Algeria, and Bangladesh make abortion permissible in circumstances of rape or incest. Examples of the above mentioned interpretations show that Islamic law can be flexible when it comes to women’s reproductive rights. Pending decision of the Council of Senior Muslim Scholars, Syrian women might soon also be able to legally abort fetuses conceived as a result of war rape.