Two Muslim women leaders and a faith-based women’s rights organisation have petitioned the Constitutional Court seeking a declaration that Uganda’s restrictive abortion laws are unconstitutional for failing to provide exceptions permitted under Islamic jurisprudence and international human rights standards.

The petitioners, Hajira Gimbo, Deputy Executive Director of the Islamic Women’s Initiative for Justice, Law and Peace (IWILAP), Zaituna Mutesi, a community leader and Amira in Budaka District, and IWILAP itself are challenging sections 130, 131, and 207 of the Penal Code Act, which criminalise abortion except in very narrow circumstances.

They argue that the law unjustly discriminates against Muslim women by disregarding circumstances such as pregnancies resulting from rape, incest, mental illness of the mother, or situations where the mother’s mental health and dignity are at serious risk.

“The law as it stands denies Muslim women the ability to make faith-based reproductive health decisions that are permitted under Islam. Islam allows termination before ensoulment (120 days into pregnancy) and in cases where the mother’s life, mental health, or dignity is at risk,” Ms Gimbo stated in her affidavit.

The petition, filed under Articles 22, 29, 33, 37, and 137 of the Constitution, asserts that the current law violates rights to equality, dignity, freedom of religion, and protection from inhuman treatment. Article 33(6) of the Constitution expressly prohibits laws or traditions that undermine the status and dignity of women.

The petitioners say this protection is undermined by the Penal Code’s blanket criminalization.

Ms Mutesi, who serves as Secretary for Women’s Affairs at Masjid Salama in Budaka, said women in rural communities often suffer in silence after rape or incest because of the stigma and criminal penalties attached to abortion.

“Many Muslim women are forced to carry pregnancies that are a constant reminder of trauma. This not only violates their dignity but also subjects them to cruel treatment contrary to the Constitution,” she said.

Citing Islamic principles and international law, the petitioners draw on Qur’anic verses and Hadith that emphasize rahma (mercy) and adl (justice). They note that ensoulment is believed to occur at 120 days, after which abortion is generally prohibited except where the mother’s life is at risk.

They also relied on comparative jurisprudence from Muslim-majority countries such as Tunisia, which permits abortion within the first three months, and from African states like Zambia and Rwanda, which recognize exceptions for rape, incest, and threats to a woman’s mental health.

“Uganda cannot continue to lag when our sister African states have already harmonised reproductive rights with both religion and constitutional guarantees,” reads part of the petition.

The petition further cites Uganda’s obligations under the Maputo Protocol and CEDAW, which call on states to respect women’s reproductive rights and ensure access to safe abortion in cases of sexual violence. According to the Ministry of Health’s 2019/2020 performance report, unsafe abortion contributes up to 11 percent of maternal deaths in Uganda.

The petitioners want the Constitutional Court to declare sections 130, 131, and 207 of the Penal Code unconstitutional and order Parliament to amend them within a year to provide abortion exceptions in line with Islamic teachings, cultural values, and international law. They also want doctors who perform abortions under these exceptions to be shielded from criminal liability.

“Our demand is not for blanket legalization of abortion. We are calling for recognition of exceptional circumstances—rape, incest, mental illness, risk to mental health, and preservation of dignity—that Islam and the Constitution already allow,” IWILAP said in a statement.