The discussion on Article 13 as modified by the committee, involving Dr. Hesham Fawzy, Legal Advisor at the Federal National Council of the UAE:
Notes from Dr. Hesham Fawzy (Legal Advisor at the Federal National Council of the UAE) – Article 13
Clause 2, Point H:
“It is not permissible for a doctor to perform any abortion procedure or prescribe anything that would cause abortion of a woman, except in the following two cases:
- The fetus is severely malformed to an extent that it cannot be treated, leading to a life of suffering and pain for the child and their family.”
Chairman of the Session:
“Are there any comments on Article 13 as amended by the committee? The floor is given to Mr. Amer Al Fahim.”
Mr. Amer Mohammed Al Fahim:
“Mr. Chairman, is there a fatwa regarding the last point?”
Chairman of the Session:
“The floor is given to the Acting Secretary.”
Acting Secretary:
“Yes, there are two fatwas.”
Chairman of the Session:
“Please, Advisor, respond to Mr. Amer Al Fahim’s question and specify the source of the fatwa.”
Dr. Hesham Mohammed Fawzy (Legal Advisor):
“Mr. Chairman, we received the fatwa in the same formulation, which is quite lengthy, almost a full page.”
Chairman of the Session:
“From which source?”
Dr. Hesham Mohammed Fawzy (Legal Advisor):
“The source is Ahmed Abdulaziz Al Haddad from the Fatwa Department in Dubai, and the last part of the text states:
‘… If the pregnancy has reached one hundred and twenty days, it is not permissible to terminate it, even if the medical diagnosis indicates severe fetal malformation, unless confirmed by a report from a trusted medical committee of specialized doctors that continuation of the pregnancy poses a confirmed danger to the mother’s life. In that case, termination is permissible, whether the fetus is malformed or not, to prevent the greater harm. It has also been stated that after one hundred and twenty days of pregnancy, if it is established and confirmed by a report from trusted specialized doctors through technical examinations using devices and laboratory means that the fetus is severely malformed and untreatable, and that if it is born on time – the same as we mentioned – its life would be burdensome for both the child and their family. In that case, termination is permissible upon the request of the parents.'”
“And there is a fatwa from the Islamic Fiqh Council affiliated with the Organization of Islamic Cooperation in its twelfth session held in Mecca in February 1990, stating the same. Thank you.”
