Abortion as Indirect Violence: A Feminist Criminological Analysis of the Non-Contact Offense of Maternal Intimidation

Abstract

The present article aims to examine this offense through the lens of Feminist Criminology, with a focus on the concept of structural violence and an exploration of the concealed dimensions of power and gender underlying ostensibly neutral legal mechanisms. This research adopts a descriptive-analytical methodology. Data were collected through library-based research, including the examination of primary sources (notably Articles 499, 501, 506, 716, and 717 of the Islamic Penal Code) and secondary sources (Islamic jurisprudential texts, judicial decisions, and the theoretical literature of feminist criminology). The data were subsequently analyzed using qualitative content analysis. The findings indicate that, although the Islamic Penal Code—by invoking the doctrine of causation and the diya (blood money) system concerning stages of fetal development—provides a framework for attributing liability and compensating harm, this framework is confined to the legal-jurisprudential dimension of the offense. From a feminist criminological standpoint, intimidation constitutes a form of domination-oriented conduct that transforms the pregnant woman’s body into a site for the exercise of power and control. The resulting abortion is not merely an unfortunate incident; rather, it represents the culmination of a process of domination and the symbolic destruction of the woman’s reproductive capacity. This form of violence is rooted in patriarchal structures that disregard women’s autonomy and decision-making authority over their own bodies. The analysis further reveals that the existing judicial system encounters significant challenges in establishing the psychophysical causal nexus and in recognizing the gendered dimension of the offense. The article concludes that abortion resulting from intimidation must be reconceptualized as a form of indirect and gender-based violence. An effective response requires moving beyond exclusive reliance on traditional legal mechanisms. The integration of feminist criminological insights into judicial interpretation, legislative reform aimed at strengthening responses to non-contact violence against women, and the establishment of psycho-legal support institutions for victims constitute essential steps toward achieving transformative justice. This study underscores the necessity of a paradigm shift—from viewing abortion solely as a crime against the fetus to understanding it as a manifestation of structural violence against women with consequential fetal loss.