CAIRO: Discussions of legalizing abortion for rape victims are underway, NDP MP Mohamed Khalil Kwaitah, told Daily News Egypt.
Kwaitah filed a request to change Penal Code section 260 – which prohibits abortion under any circumstances – to legalize abortion in the case of rape victims who are no more than four months pregnant.
Kwaitah said that he filed this request on the premise that rape is a shameful crime that threatens the security of the country, and “out of respect for the status of women in our society, which Islam and Egyptian traditions emphasize.
According to Kwaitah, “women are the backbone of society and the legislative authority should work towards meeting their needs and ensuring that their rights are not violated.
He added that the new law will help reduce the risks faced by rape victims when undergoing abortions at unsanitary hospitals that conduct these operations illegally.
Penal Code section 290 states that rapists should receive the death penalty.
“If the penal code stipulates the severest punishment for rapists, is it fair to leave the victim with a baby that is a daily reminder of how her body and honor were violated? Kwaitah asked.
He also said that his request complements a fatwa issued by former Grand Mufti of Egypt Nasr Farid Wassel in October 1992, allowing rape victims to have abortions, provided that the pregnancy term does not exceed 120 days.
“The fatwa is also credited by Sheikh Mohamed Sayed Tantawi, current sheikh of Al-Azhar, as well as a large number of Muslim scholars, Kwaitah added.
The new request, he said, will be supported by regulations that would prohibit abortions for women who are not rape victims.
On the other hand, Dr Farid Ismail, member of the PA’s health committee affiliated with the Muslim Brotherhood, told Daily News Egypt that “legalizing abortion is a violation of Islamic legislation, but also believes that it might help save the lives of many women who have fallen victim to rape.
He predicts that the new policy will be part of the new Child Law that the government has tabled at the PA to protect the rights of children.
Ismail foresees that the proposed Child Law will trigger controversy, especially with regards to policies on abortion and raising the age at which a divorced mother can regain custody of her children.
Hossam Bahgat, chairman of the Egyptian Initiative for Personal Rights, told Daily News Egypt, “We look forward to a constructive debate about this law which revolves around women’s rights.
According to the Population Policy Data Bank maintained by the population division of the department of economic and social affairs of the United Nations, the Egyptian Penal Code of 1937 (sections 260-264) bans abortion under any circumstances.
It also states that any person who is involved in an abortion – including the pregnant woman – is subject to a prison sentence with hard labor.
Ahmed Sayed of the press office at the National Council for Women told Daily News Egypt that the council is not aware of the new law or any suggestions involving legalizing abortion.