PUNISHMENT FOR NON-MARITAL SEX IN ISLAM
Examples of convictions under Sharia law
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Some examples of recent convictions under Sharia law:
| 1996-MAR: Afghanistan: Some strict interpretations of Islamic law calls for the death penalty for
any woman found in the company of a man other than a close family member. Sexual
activity is assumed to have happened. A woman, Jamila,
was found guilty of trying to leave the country with such a man. She was caught and stoned
to death on 1996-MAR-28. 1 |
| 1996-NOV: Afghanistan: Under the previous, Taliban, regime, a
woman, Nurbibi, 40, and a man Turylai, 38, were stoned to death in a public assembly using palm-sized stones.
They were found guilty of non-marital sex. Turylai was dead within ten minutes, but Nurbibi had to be finished off by dropping a
large rock on her head. Mr. Wali, head of the Office for the Propagation of Virtue and
the Prohibition of Vice expressed satisfaction with the execution: "...I am
very happy, because it means that the rule of Islam is being implemented." These
executions (as well as hand amputations for convicted thieves) are regarded as religious
occasions and are not normally viewed by non-Muslims. 2 |
| 2000-FEB: United Arab Emirates: Kartini binti Karim, (a.k.a.
Ms. Karteen Karikanderan), an
unmarried citizen of Indonesia, was working as a housemaid in the United
Arab Emirates when her pregnancy was detected. She and a man -- a
citizen of India -- were
charged with adultery. She was convicted; he fled the country before he
could be arrested. She was placed on trial without a lawyer or a
translator, "...alone and equipped with barely any word of the local
language," . She was not told that she had a right to communicate
with her embassy. Her embassy was not informed in advance of the trial.
Under the UAE's form of Sharia, she was sentenced to death by stoning.
The Indonesian government hired a lawyer and translator to appeal her
case. 3 On APR-25, the appeals court reduced her
sentence to one year in prison, followed by deportation. |
| 2000-AUG: A woman, "Amina Abdullahi is sentenced to 100
lashes in the state of Zamfara for having premarital sex."
4 |
| 2000-NOV: Attine Tanko, 18, is found guilty of having
pre-marital sex out of wedlock. She was discovered to be pregnant. Her
sentence of 100 lashes was deferred for up to two years after the birth,
so that she could breastfeed her baby. Her boyfriend, 23, was flogged
100 times and given jail time. 4 |
| 2001-SEP: Nigeria: A teenage single mother, Bariya Ibrahim Magazu
claimed at trial that she was raped by three men. The court assumed that
she was guilty, because she could not prove that her father
pressured her to engage in sexual activity with the men. She was found
guilty of two offenses: having pre-marital sex, and bringing false
charges against the men that she claimed were responsible. Her sentence
was 180 lashes. 5
"When nongovernmental groups ramped up pressure to free the girl, the
government immediately carried out the sentence, ignoring a promised
appeal process. The local authorities said they wanted to put an end to
the controversy." 6 |
| 2001-OCT: Nigeria: Safiya Hussaini Tungar-Tudu, a 30-year-old
pregnant woman, had asked a Sharia court in Sokoto state to force a man
that she alleged had raped her, to pay for her daughter's naming
ceremony. The court refused, and then charged her with engaging in
sexual intercourse outside of marriage. She was sentenced to be stoned to death. The man that she allegedly had sex with was
freed by the court for lack of evidence. She successfully appealed the conviction. An
appeal judge overturned her conviction, stating that there were very
serious errors in her arrest and trial. She had not been given any legal
representation, and the court had failed to establish the basic facts of the
case. Above all, the alleged act of adultery had taken place before the Sharia law was implemented in the state. She was freed, and planned to
remarry her former husband.
According to an Australian newspaper, the governor of Sokoto,
Attahiru Bafarawa, "attacked the European Union and women's rights
groups for criticising the Islamic court that sentenced her. He said he
had received more than 500 letters from interest groups and individuals
protesting against the conviction." Bafarawa said: "Unfortunately,
most of the human rights groups were not patient enough to allow justice
to take its course in the case of Safiya. Instead, they chose to be
putting pressure on the executive arm of the government to interfere
with the course of justice." 7 |
| 2001-DEC: Sudan: An 18 year-old pregnant woman, Abok Alfa Akok,
was accused by her husband of adultery. She claimed that she had been
raped. The man
co-accused with Abok was not tried due to lack of evidence. She was
tried, even though the country claims that Sharia would not be
applied to non-Muslims. In Sudan, a married person found guilty of
adultery is executed by stoning; an unmarried person receives 100
lashes. She had no lawyer, and was unaware of her rights during the
trial. She could not speak or understand Arabic, the language of the
court. The Court of Appeal in Southern Darfur overturned the
death sentence and sent the case back to the lawyer court which set
punishment at 75 lashes. By immediately executing the sentence, she was
denied her right to obtain legal advice and/or an launch an appeal prior
to the beating. 8 |
|
2002-MAR: Nigeria: Safiya Hussaini, 33,
was convicted of adultery. She was sentenced to be buried up to her neck
in sand and to be stoned to death. However, her sentence was
deferred until her 13-month-old daughter has finished nursing. She appealed her conviction. Her cousin, a Mr. Abubakar allegedly confessed
to police that he had sex with her three times. However, the judge
dismissed the testimony of the three policemen who witnessed Abubakar's
confession, because a minimum of four witnesses are required under
Sharia law. Hussaini's lawyers claimed that she also could not be
convicted because of the four witness rule. The
prosecution argued that witnesses were not required in her case; adultery had
obviously taken place because she had become pregnant. Her defense
team finally argued that, under Islamic law, the interval between conception and
birth can be up to seven years! Only two years previous to the birth of her
daughter, she was still married to her husband. The lawyers argued that her
husband could possibly have been the father. Commenting on the conviction,
Aliyu Abubakar Sanyinna, the attorney general of Sokoto State, said:
"Society is injured by her act. The danger is that it will teach other
women to do the same thing." 9 Mansur Ibrahim Said, Dean of the Law
Faculty at Dakar University in Sokoto said that adultery is "an
abomination abhorred by God and society because of the example it gives
and because it creates bastards to be rejected by society."
9
The appeals court later reversed the lower
court conviction. They ruled that the alleged act had taken place before Sharia law was activated in the province, and adultery became a criminal
offence. There was strong international interest in her case. The
European Union, the parliament of Italy and many non-governmental
organizations, appealed for Safiya to be spared. 10 In
2002-JUL, she married an entertainer in her local village. |
| 2002-MAR: Nigeria: A woman, Amina Lawal Kurami, from the small
village of Kurami in Katsina in norther Nigeria was sentenced to death
for adultery. The sentence was delayed for eight months (one source said
2 years) until she has finished breast feeding her infant. Nigerian
Justice Minister, Kanu Agabi, declared this and other Sharia punishments
discriminatory and therefore unconstitutional. This is the first time
that the national government has made its position clear. 11
She appealed the conviction, on the basis that the offence occurred
before Sharia law came into effect. Her lawyers also claimed that she
had no legal representation in her original court trial before a village
court. The appeal was rejected by the Islamic High Court in Funtua in
Katsina state. Dozens of spectators cheered and shouted "God is great".
Her execution will be delayed until at least 2004-JAN until her daughter
has finished breastfeeding. The federal government is planning to help
Kurami appeal her sentence to the Nigerian Supreme Court. This
case may ignite a major legal battle between the state and federal
governments. 12 Her case was eventually
dismissed. |
| 2002-MAY: Nigeria: A man, Sarimu Mohammed, 50, was sentenced
to be stoned to death by a court in Jigawa for raping a nine-year-old
girl. 5 |
| 2002:Bauchi: A woman, Adama Unusua, 19, was sentenced to 100 lashes
by a Bauchi court, for engaging in sexual intercourse with her fiancé.
She was pregnant at the time of the trial. 5 |
| 2002-JUN: Nigeria: A Sharai court convicted a man,
Yunusa Rafin Chiwaya, of adultery in the northern state of Bauchi, and
sentenced him to be stoned to death. He had confessed to engaging in
sexual activities with his neighbor's wife, and had declined multiple
opportunities to withdraw his confession. The woman in the case was
cleared after she swore on the Qur'an that she had been hypnotized
before she left home with Chiwaya. 13 |
| 2002-AUG-25: Nigeria: he Upper Sharia court in the northern
state of Niger has sentenced two people to be stoned to death. Ahmadu
Ibrahim, 32, and his lover Fatima Usman had confessed to pre-marital
sex. They have 30 days in which to appeal the sentence. 14 |
| 2002-AUG-30: USA: A group of 25 women from the National
Organization of Women (NOW) demonstrated in front of the Nigerian
Embassy in Washington DC chanting: "Stoning women is
barbaric...Follow the law and not the Cleric." And: "Ho, Ho! Hey, Hey!
Religious extremists go home and pray!" They carried signs that
stated: "Nigeria, stop stoning women" and "Rocks are for
gardens, not to hurt women." NOW overlooked the fact that more men
than women have been sentenced to be stoned to death in Nigeria.
12 |
| 2002-SEP-24: Nigeria: By a
vote of 4 to 1, a five judge panel overturned Amina Lawal Kurami's
conviction. The appeals court found that lower courts had committed many
errors under Sharia law:
| Muslim belief allows for a five year interval between human
conception and birth. Five years prior to the date of her daughter's
birth, she was still married to her husband. |
| She was not given ample opportunity to defend herself. |
| Only one judge was present at her initial conviction; three are
required under local Sharia law. 15 |
|
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References used:
- "Woman Executed in Afghanistan", Associated Press News
Service, 1997-MAR-30
- "Afghanistan Execution for Adultery," New York Times News
Service, 1996-NOV-06
- Patrick Leduc, "A woman seeking pardon," Digital Freedom Network, at:
http://www.dfn.org/news/uae/kartini.htm
-
"Fact Sheet: Women's Rights Under Sharia in Northern Nigeria," National
Organization for Women, 2002-AUG-22, at:
http://www.now.org/issues/global/082202sharia.html
- "Sharia
Law," Guardian Unlimited, at:
http://www.guardian.co.uk/theissues/article/0,6512,777972,00.html
- Stephan Faris, "Final
Decision Expected in Nigerian Stoning Case," Women's Enews," at:
http://www.womensenews.org/article.cfm/
- Dan Isaacs, "Joy as court cancels stoning sentence," The Age,
2002-MAR-27, at:
http://www.theage.com.au/articles/
- "Sudan: Dinka woman whipped in Nyala," Pambazuka Newsletter,
2002-FEB-28, at:
http://southsudanfriends.org/News/
- "Law professor
backs Nigerian stoning," AfricaWoman, at:
http://www.africawoman.net/politics/sharialaw.html
- Glen McKenzie, "Islamic
court debates appeal in stoning case: Nigernian woman sentenced to die
for adultery," Associated Press, The Toronto Star,
2002-MAR-19, Page A14.
- Dan Isaacs, "Nigeria in crisis over Sharia law," BBC
News,
2002-MAR-26, at:
http://news.bbc.co.uk/1/hi/world/
- Jim
Fisher-Thompson, "U.S. Women Protest Stoning Verdict by Nigerian Court.
Activists decry 'barbaric' aspect of Sharia law," U.S. Department of
State, International Information Programs at:
http://usinfo.state.gov/regional/af/a2082903.htm
- Mark Duff, "Nigerian man faces death for adultery," BBC News,
2002-JUN-27, at:
http://news.bbc.co.uk/1/hi/world/africa/2070954.stm
- "Two lovers to die by stoning in Nigeria," Independent Online, at:
http://www.iol.co.za/index.php?
- Todd Pitman, "Stoning death sentence overruled," The Toronto
Star, 2003-SEP-26, Page A14
Copyright © 2002 by Ontario Consultants on Religious
Tolerance
Originally written: 2002-SEP-1
Latest update: 2002-SEP-26
Author: B.A. Robinson
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