In accordance with Egyptian law, abortion is considered a criminal act that violates the right to life, as it is often intended to terminate the fetus right to future life. The Egyptian legislature has dedicated a separate chapter in the Penal Code, Title III, titled "Abortion of Pregnant Women and the Manufacture and Sale of Adulterated Drinks Harmful to Health." Egyptian law does not explicitly define abortion. Instead, it outlines the various forms of abortion and the corresponding penalties. The Egyptian Court of Cassation defines it as "deliberately terminating a pregnancy prematurely."

Abortion is one of the most prevalent criminal offenses in the real world, yet it is rarely prosecuted in Egypt. This is because the crime of abortion relies on the element of concealment and is not reported, rather, it is discovered by chance, particularly if the abortion results in the death of the pregnant woman. Even if they are identified, it is challenging to provide concrete evidence to substantiate their existence. The absence of convictions may also be attributed to the judge's comprehension of the social and economic circumstances that may prompt some mothers to seek abortion as a solution. This prompts the judge to attempt to identify reasons for innocence or even a lack of responsibility.

In Egyptian law, the crime is considered a material rather than a formal offense, as the resulting harm is inflicted on a living organism, even if it is a fetus that has not yet emerged into life. Nevertheless, if a fetus that has already separated from the uterus and is on its way out is killed, the act is regarded as murder rather than abortion. The essential element of the crime is the termination of a fetus within the uterus, or the removal of a fetus from the uterus prior to the natural time of birth. Egyptian law does not impose penalties for attempted abortion. However, complicity in abortion is possible through methods of agreement, incitement, or assistance that do not involve the pregnant woman's body. In such cases, the perpetrator would be considered a principal rather than a mere accomplice.

In 1998, Muhammad Sayyid Tantawy, the Grand Imam of al-Azhar, issued a fatwa calling for access to abortion for unmarried women who had been raped. In 2004, he approved a draft bill that would permit abortion in the case of rape; the bill was unsuccessful.

Due to these legal restrictions, unsafe abortions in Egypt are common; carried out by indigenous methods, at clandestine clinics, or by private gynecologists. One study found that about 20% of obstetric hospital admissions were for post-abortion treatment. Another study estimated that between 1995 and 2000, there were 2,542 maternal deaths in the country due to unsafe abortions. Consequently, prevalence is hard to assess. In a 2000 study of 1,025 women from six villages in Upper Egypt, approximately 40% were found to have had at least one abortion; among this group, there were 265 abortions per 1000 live births.

The occurrence of an abortion necessitates the existence of a fetus whose right to future life has been infringed. This is because the fetus is entitled to undergo normal development within the womb until its natural date of birth. In addition to the condition of pregnancy, the crime of abortion can only be committed if there is both a material and a moral element present.

The presumed perpetrator of this criminal activity is a female individual, who is presumed to be pregnant. The violation in question is that of the fetus's right to live its life. Consequently, a fetus in a woman's womb is presumed to be subject to the act of abortion, either by removing it from the womb before its due date, which often results in its death, or by killing it in the womb, which requires it to be removed in order to save the pregnant woman's life. However, the victim of the crime is not the woman herself, but rather her unborn child. Consequently, this crime is included in the category of crimes that violate the right to life. In the law it is considered that this pregnancy is not a human being because it has not yet seen life. However, it is not merely a part of the woman's womb or a mere precursor to life, it is a person, as evidenced by its own development and the fact that it has movement and a pulse that appears even after some time.

The legal definition of pregnancy is the fertilization of an ovum by a spermatozoon. This marks the commencement of the embryo's life, which concludes with the birth process. Accordingly, the temporal scope of the criminal act of abortion is delineated by the interval between fertilization and the commencement of the birthing process. The termination of pregnancy prior to the occurrence of fertilization is not considered an abortion, nor is the termination of pregnancy subsequent to the onset of childbirth. Rather, the sphere of attack on human life or bodily integrity commences at the onset of childbirth. The legal protection of the fetus' right to life begins at the moment of fertilisation until the moment of birth, and does not require a specific period of time following fertilisation. Accordingly, Egyptian law defines the removal of the fetus from the uterus by artificial means prior to the normal time of birth, even in the earliest stages of pregnancy, as a fetal abortion. The Egyptian Court of Cassation has ruled that terminating a pregnancy before the fourth month of gestation is not permitted under Islamic law. Furthermore, Article 60 of the Egyptian Penal Code permits actions that are permitted by Islamic law, stating that the Sharia's position on this matter is not a firmly established principle based on evidence, but rather an interpretation by jurists that has generated differing opinions among them.