Afghanistan's Complex Relationship With Abortion: Navigating Cultural Norms And Religious Interpretations

Abortion is a highly contentious issue in Afghanistan, with a complex interplay of cultural, religious, and legal factors influencing its perception and practice. The country's laws and societal norms surrounding abortion are shaped by a combination of Islamic law, traditional values, and local interpretations of Sharia. While abortion is officially forbidden in the Islamic Republic of Afghanistan, there are exceptions where it can be legally permitted, such as when the mother's life is in danger or in cases of severe fetal disabilities. However, even with these exceptions, abortion remains largely stigmatized and challenging to access, driving many women to seek unsafe alternatives.

Abortion to save the mother's life

Afghanistan has some of the highest maternal and fetal mortality rates in the world. Abortion is illegal in Afghanistan unless the mother's life is at risk or the baby is severely disabled. In these cases, abortion is permitted and medical professionals are not punished for performing the procedure.

Despite this, abortions are rarely legal and women often resort to illegal and unsafe terminations, which are on the rise. This is due to the lack of access to family planning, contraception, and sexual education, as well as the social stigma surrounding abortion. The average Afghan woman has 5.1 to 6.3 children throughout her lifetime, and only 22.5% of people use contraceptive measures.

The social consequences of abortion are severe, and women are often ostracized by their families and communities. Maryam, for example, was beaten and humiliated by her husband after having an abortion. Shabana, a 16-year-old girl who had an abortion after being raped by her brother-in-law, was ostracized by her family and community and is now unable to marry.

The lack of access to safe and legal abortions has led to an increase in unsafe and illegal abortions, often performed by untrained midwives and nurses in unsafe conditions. This has contributed to Afghanistan's high maternal mortality rate, with one pregnancy-related death occurring every two hours.

To address this issue, there is a need for increased access to family planning, contraception, and sexual education, as well as efforts to reduce the stigma surrounding abortion. International aid workers and organizations are working to improve access to safe abortions and reduce the stigma surrounding the procedure.

Abortion in cases of foetal abnormality

Abortion is illegal in Afghanistan unless the mother's life is at risk or the baby has a severe disability. In cases of foetal abnormality, Afghan women can legally seek an abortion if the child is deemed to have a severe disability or low quality of life. However, the process of obtaining legal approval for an abortion can be challenging and time-consuming.

To obtain approval for an abortion in cases of foetal abnormality, women must go through multiple steps. Firstly, they need to provide evidence that the baby will have severe disabilities. This evidence is typically evaluated by a religious council, which may involve a lengthy review process. Additionally, a certificate from a doctor for internal medicine and permission from the religious council must be submitted. The process may also require consultations with multiple medical specialists, including a gynaecologist and three general practitioners.

Even with legal approval, accessing safe abortion services can be difficult for women in Afghanistan. The country has a limited number of qualified medical staff, particularly female doctors, who are more acceptable to conservative communities. As a result, many women turn to traditional midwives or private clinics, which may be expensive and not always safe. The stigma surrounding abortion in Afghan society further complicates the situation, as women often face social ostracisation and shame from their families and communities.

Despite the challenges, there have been some efforts to improve access to safe abortions in cases of foetal abnormality. International aid workers have been working to educate midwives and nurses about providing better care to reduce mortality from abortion procedures. Additionally, organisations like Marie Stopes International provide post-abortion care and train medical professionals. However, the overall healthcare system in Afghanistan remains inadequate, and abortion continues to be a highly stigmatised and restricted procedure.

Abortion in cases of rape or incest

Abortion in Afghanistan is a highly contentious issue. The procedure is illegal in the country, except when the mother's life is in danger or if the child is likely to be born with severe disabilities. In these cases, a certificate from a doctor for internal medicine and permission from the Shura Ulama, the religious council, must be submitted.

Rape and incest are not considered valid grounds for abortion in Afghanistan. Malika Paygham, a doctor based in the city of Herat in western Afghanistan, has stated that "rape and incest are not seen as sufficient grounds to have an abortion". This view is supported by the country's Penal Code, which imposes harsh punishments on those who undergo or perform abortions outside of the permitted circumstances.

However, there are some who advocate for more flexible abortion laws in Afghanistan. The World Health Organization (WHO) recommends that abortion be available upon request, without the need for third-party authorization. The United Nations (UN) Committee on the Elimination of Discrimination Against Women has expressed concern about Afghanistan's restrictive abortion laws, particularly regarding cases of rape and incest. They urge the country to expand the grounds for permitted abortions to include these situations.

The social stigma surrounding abortion in Afghanistan is profound. Women who undergo abortions are often ostracized and face severe consequences, including violence and humiliation. The procedure is seen as a blot on a family's honour, and those who choose to have an abortion may be subjected to punishment and rejection by their families and communities.

Despite the risks and potential repercussions, the number of women resorting to illegal and unsafe abortions in Afghanistan is consistently growing. This is partly due to an increase in the number of trained midwives in the country, who provide access to abortion services, albeit at great personal risk.

The lack of access to safe and legal abortion services has severe consequences for Afghan women, with the country having the second-highest maternal mortality rate in the world.

Punishments for abortion

Abortion is illegal in Afghanistan unless the mother's life is at risk or the baby has a severe disability or low quality of life. Despite this, abortions are still sought by women, and the number of women resorting to illegal, unsafe abortions is consistently growing. This is partly due to an increased number of trained midwives in the country.

Abortion is severely stigmatised in Afghanistan, and women who undergo the procedure are often punished by their families and communities. For example, a woman who has an abortion may be beaten, have her head shaved, or be forced to sleep in a cold, unfurnished room. These punishments are often justified as a way to restore the family's honour, which has been damaged by the abortion.

In addition to social consequences, there are also legal penalties for abortion in Afghanistan. According to the Afghanistan Penal Code, anyone who intentionally causes an abortion can be sentenced to up to seven years in prison. This includes medical professionals who perform abortions, even with the consent of the pregnant woman. The penalty for performing an abortion is a fine of up to 60,000 Afghanis (US$165) or imprisonment. If the person performing the abortion is a medical doctor, they will be punished to the fullest extent of the law.

Pregnant women who deliberately use drugs or other means to induce an abortion can be sentenced to a short imprisonment term or a fine of up to 12,000 Afghanis. It is important to note that initiating an act of abortion is not deemed punishable by law.

Stigma surrounding abortion

Abortion is a highly stigmatised practice in Afghanistan, with the procedure being illegal unless the mother's life is at risk or the baby has a severe disability. This has resulted in a consistently growing number of women resorting to illegal and unsafe abortions.

Abortion is considered a "blot on a family's honour" in Afghan society. Women who undergo abortions are often ostracised and shamed by their families and communities. In some cases, women have been beaten and had their heads shaved as a punishment. The stigma is so severe that women have been killed by their parents for getting pregnant.

The taboo surrounding abortion in Afghanistan is also influenced by religious beliefs. According to some participants in a study, induced abortion is considered a sin in the Islamic faith. God will provide for families no matter their size, and ending a pregnancy is seen as a "big sin".

The stigma surrounding abortion in Afghanistan has deadly consequences. Women who undergo illegal abortions often suffer complications and are unable to access post-abortion care due to the stigma and fear of prosecution. This results in high maternal mortality rates, with Afghanistan having the second-highest maternal mortality rate in the world.

The taboo nature of abortion in Afghanistan also stems from the country's conservative and traditional society. Women are expected to bear many children, especially boys, as they are highly valued and seen as a way to secure the survival of the family. Additionally, birth control is also a taboo topic, with 79% of Afghan women not using contraception. This lack of knowledge about contraception further contributes to the stigma surrounding abortion.

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