November 16, 2004
Sentence Of Death By Stoning OverturnedTopics: International News
Reported in the Middle East Times:
An Islamic court in northern Nigeria has discharged and acquitted a pregnant teenager against her conviction for adultery, for which she had been sentenced to be stoned to death.
Presiding judge Muhammad Mustafa Omar of the Upper Sharia court said on Wednesday that the lower Sharia (Islamic law) court was wrong in sentencing Hajara Ibrahim, 18, to death by stoning on October 8.
"This court observes the following faults in the lower court judgment: Firstly, the judge was wrong in sentencing Hajara to 100 lashes and death by stoning, all at the same time," he said.
"Secondly, Dauda Sani was charged to court for having an affair with Hajara which he denied. Therefore, the lower court should have dismissed the case and sentenced Hajara's father who was the plaintiff to 80 lashes for slander," he said.
The judge at the court in Dass, in the northern Bauchi State, said the lower court also erred by not giving Hajara the chance for defense.
"Any judgment passed without chance of defense is null and void. Based on these reasons, this court hereby nullifies the lower court judgment and discharges and acquits Hajara Ibrahim," he added.
Hajara had appealed against her conviction by the lower Sharia court in Lere village in Tafawa Balewa district, in Bauchi State for adultery, contrary to section 130 of the state's strict Sharia penal code, enacted two-and-a-half years ago.
Her lawyer, Abdel Kadir Suleiman, had argued that the October ruling was invalid because Hajara had not consummated her marriage before sleeping with her boyfriend and conceiving a child and was thus innocent of the capital crime of adultery.
Hajara was happy about the ruling and thanked those who assisted her. She is probably very fortunate that the case had attracted international attention; it was the notoriety that probably gave the judge a little incentive to find so many ways out of the death sentence for the previously unfortunate (to live under Sharia), now very fortunate (to have her death overturned) Hajara!
Of course, we are all very happy for Hajara, but we all should be happy that we are not living under 'Sharia Law'. However, the Islamic fundamentalists are trying very hard to change that!
Read the article.....
Posted by Hyscience at November 16, 2004 3:27 PM
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