What Is the Punishment for Intentional or Illegal Abortion Under Iranian Law?
2025-01-21
Introduction
Abortion is one of the most sensitive and controversial topics in Iranian criminal law. Can a woman legally terminate her pregnancy? Can a doctor perform an abortion with the mother's consent? In what situations is abortion legal — and when is it considered a crime punishable by imprisonment and financial penalties?
In this article, we explain in simple but accurate legal terms the rules surrounding intentional and unlawful abortion in Iran, along with the applicable punishments.
What Is Abortion?
Abortion means the intentional or unintentional expulsion of a fetus from the womb before it is capable of independent life.
Under Iranian law and Islamic jurisprudence, intentional abortion without legal authorization is a crime.
Types of Abortion Under Iranian Law
Intentional Abortion (with awareness and will):
Includes use of medication, injections, or surgical procedures
May be performed by the mother, a doctor, or a third party
If not authorized by law, it is a crime
Abortion Due to Injury or Assault (Indirect):
For example, in a car accident or physical assault on a pregnant woman
If it results in fetal death, blood money (diya) must be paid
Legal/Permitted Abortion (Therapeutic Abortion):
Based on the 2005 Therapeutic Abortion Act
Allowed only under strict conditions (life-threatening danger to the mother or severe fetal abnormalities)
Must be performed before the 4th month (19 weeks of pregnancy) and with approval from the Legal Medicine Organization
When Is Abortion Considered a Crime?
Abortion is a crime when:
It is done without legal permission
It occurs after 4 months, even with the mother’s consent
It is performed by unauthorized individuals (non-doctors, traditional healers, etc.)
The motive is personal (e.g., fear of shame, unwanted pregnancy)
It is carried out via illegal drugs or online pill sales
Even if the mother herself causes the abortion, she may face criminal charges.
Criminal Penalties for Abortion
Article 623 of the Islamic Penal Code (Ta'zirat): “Anyone who causes the abortion of a pregnant woman through assault or harassment shall be sentenced to 1 to 3 years of imprisonment and must pay blood money (diya) for the fetus.”
Article 624: If a doctor, midwife, or pharmacist, with knowledge of the pregnancy, performs or facilitates an abortion, they face 2 to 5 years of imprisonment.
Both the performer and the person ordering the abortion (including the mother) may be punished.
How Is Blood Money (Diya) Calculated for Abortion?
The amount depends on the stage of fetal development:
The diya must be paid by the person who caused the abortion — whether it’s the doctor, the mother, or a third party.
When Is Abortion Legal in Iran?
According to the Therapeutic Abortion Law (2005), abortion is only legal when:
The pregnancy poses a serious risk to the mother’s life, or
The fetus has severe, untreatable abnormalities, and
The pregnancy is less than 4 months (before ensoulment)
In such cases, abortion is allowed only with documentation and official approval from the Legal Medicine Organization.
The Role of Doctors, Midwives, and Pharmacies
No doctor is allowed to perform an abortion without official authorization
Pharmacists who provide abortion drugs illegally are also criminally liable
Even with the mother’s consent, unauthorized abortion is a criminal act
How to Legally Pursue an Unlawful Abortion Case
File a complaint at the prosecutor’s office or medical crimes unit
The case is referred to the Legal Medicine Organization for examination
Experts determine the stage of fetal development and estimate diya
The file is then sent to the criminal court for judgment
Conclusion
Abortion is only legal in Iran in very limited and specific cases. All other abortions — even with the mother’s consent or involvement of a doctor — are considered criminal acts and may result in imprisonment and financial liability. Seeking early legal advice from a criminal lawyer is the best way to determine the legality of an abortion and handle any legal consequences.
Alemohammad Law Office offers expert legal advice and representation in cases related to abortion, medical liability, and bodily integrity crimes.
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