
“While religious views may influence an individual’s decision, this is a matter of personal choice,” Association of Women Lawyers Treasurer Daniella Zulkifili said.
The association said this in response to the health ministry awaiting a ruling from the National Fatwa Council on medical issues.
“Firstly, there is no basis for the ministry to consult the council as the law does not require an opinion to be sought from a religious body,” she said in a statement.
Daniella said the risk of foetal abnormality and other complications was also not exclusive to Zika infection cases and did not require a special consideration.
Thirdly, she said any ruling by the council had no legal standing as matters relating to Islam are confined to personal law and doctrines.
“In any event, should a pregnant woman choose to carry her pregnancy, there should be support by healthcare providers to assist in the care of the child.”
Danieela said that access to proper sexual and reproductive healthcare was a right guaranteed under the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw), which Malaysia had ratified.
She said only a doctor could decide on the risk of Zika infection in individual pregnancies and as such, the ministry’s move was an abdication of responsibilities and set a bad precedent.
“It is important to be mindful of the legislation and reproductive rights of the woman, so as to prevent resorting to unsafe abortions.”