A descriptive analysis of South African and Islamic abortion legislation and local Muslim community responses

A descriptive analysis of South African and Islamic abortion legislation and local Muslim community responses

Moosa, Najma

2002/00/00

English

20020000

The issue of abortion has been the subject of much debate in the recent past in South Africa. Prior to 1996 abortion legislation was punitive and therefore one with which conservative Muslims could identify. Since 1996 the law has been liberalized and replaced by a new Act. The final Constitution (1996) took a neutral stance regarding abortion. The enactment of the Choice on Termination on Pregnancy Act (1996) finally ensured this right. The Act, a critical milestone for gender equality, secured all South African women (including minors) the right to make decisions about reproduction and according to their individual beliefs. Muslim organizations participated in this abortion debate making formal but opposing submissions to Parliament. These opposing views of Muslims came as no surprise and reflect the different norms of Islamic law which varies between countries and was indicative of the interpretative duality evident in most matters of Islamic law.

12.4.1

12.4.1;1.2

abortion--[pri];Islamic ethics--[pri];legislation--[pri]

abortion on demand;beginning of life;constitutional law;cross-cultural comparison;cultural pluralism;historical aspects;minority groups;morality;political activity;public opinion;rape;reproductive rights;selective abortion;sharia;theology

Choice on Termination of Pregnancy Act (South Africa)--[pri];South Africa--[pri]

Abortion and Sterilisation Act (South Africa);Twentieth Century

Medicine and Law: World Association for Medical Law 2002; 21(2): 257-279

29

ja

journal

le

23 refs. 94 fn.