Kampala, Uganda – Three Muslim women and a Muslim women’s rights group have gone to the Constitutional Court to challenge Uganda’s strict abortion laws.
The women—Gimbo Hajira, Mutesi Zaituna—and the Islamic Women’s Initiative for Justice, Law and Peace (IWILAP) say the law goes against the rights of Muslim women to follow their religion and make decisions about their health.
They filed a petition against the Attorney General of Uganda. They want parts of the Penal Code (Sections 130, 131, and 207) to be changed because they only allow abortion in very few cases. These laws do not allow abortion even in cases of rape, incest, mental illness, or serious harm to the mother’s mental health.
What the Petition Says
The petitioners say the law goes against the Ugandan Constitution. The Constitution allows people to practice their religion and culture freely (Articles 29(1)(c) and 37). In Islam, abortion is allowed in some cases—especially if the pregnancy is caused by rape or incest, or if it puts the mother’s health at risk—especially within the first 120 days of pregnancy.
The women say Uganda’s abortion laws are unfair to Muslim women because they do not allow these exceptions. They say the laws also go against Uganda’s cultural values, which strongly condemn rape and incest.
Why This Is Important
Many Muslim women in Uganda face stigma and legal problems when they seek abortions—even when their religion allows it. IWILAP says denying safe abortion in serious cases is harmful to women’s health and dignity. They also say these laws go against Islamic teachings of rahma (mercy) and adl (justice).
The petition refers to international agreements like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In 2022, CEDAW told Uganda to change its laws to allow abortion in certain cases. Other African countries like Tunisia, Rwanda, and Zimbabwe have already made similar changes.
What the Petitioners Want
The petitioners ask the court to:
- Declare that Uganda’s abortion laws violate the rights of Muslim women under the Constitution.
- Change the law so women and doctors are not punished when abortion is done in cases allowed under Islam—like rape, incest, or mental health risks.
- Allow abortion before 120 days of pregnancy, as accepted in Islamic teachings.
About IWILAP
IWILAP is a Muslim women’s rights group in Uganda. It offers legal help and fights for justice, peace, and empowerment for Muslim women.
The petitioners hope the court will support Muslim women’s rights to health, religion, and dignity. They believe Uganda can follow the example of other African countries that respect both religion and reproductive health.
