Posted on April 5, 2011 by creeping
But, but the media tells us sharia was outlawed long ago…what gives? via Amnesty International’s Sharia criticism rejected by UAE judge – The National.
A legal official has hit back at an Amnesty International report condemning capital punishment in the region, saying UAE law and Sharia are explicit on how and why the death penalty is used.
Twenty-eight people were sentenced to death in the Emirates last year, including some individuals under the age of 18, the report said.
The rights organisation said the UAE, Iran, Pakistan, Saudi Arabia and Sudan had “ignored international prohibitions” on executing minors.
But a judge at the Federal Supreme Court said that under Article 1 of the penal code, certain offences including murder, sex outside of wedlock, drugs, theft and alcohol must be tried under Sharia.
He said murder and drug trafficking offences can bring the death penalty.
“The death penalty for murder is the original sentence – a judge cannot ignore it,” said the official, who did not wish to be named.
“Murder is an issue that has to do with the victim’s family, and it is not up to the judge to rule against it unless the family accepts diyya [blood money] or forgives the killer.
“If we do not sentence a killer to death, the victim’s family will seek revenge, and that would cause a problem in our society.”
As for executing minors, he said, Sharia clearly states when a person becomes an adult.
“The point is to determine when a person is an adult – when he or she can decide what is wrong and what is right,” he said.
In Islamic law, judges define adulthood as when a person has reached puberty.
It is up to the judge to decide adult criminal responsibility based on any physical evidence of puberty.
The official said that Amnesty International had raised these issues before, ignoring UAE explanations.
“We clarified our standards but they keep repeating the same points.”
A legal official has hit back at an Amnesty International report condemning capital punishment in the region, saying UAE law and Sharia are explicit on how and why the death penalty is used.
Twenty-eight people were sentenced to death in the Emirates last year, including some individuals under the age of 18, the report said.
The rights organisation said the UAE, Iran, Pakistan, Saudi Arabia and Sudan had “ignored international prohibitions” on executing minors.
But a judge at the Federal Supreme Court said that under Article 1 of the penal code, certain offences including murder, sex outside of wedlock, drugs, theft and alcohol must be tried under Sharia.
He said murder and drug trafficking offences can bring the death penalty.
“The death penalty for murder is the original sentence – a judge cannot ignore it,” said the official, who did not wish to be named.
“Murder is an issue that has to do with the victim’s family, and it is not up to the judge to rule against it unless the family accepts diyya [blood money] or forgives the killer.
“If we do not sentence a killer to death, the victim’s family will seek revenge, and that would cause a problem in our society.”
As for executing minors, he said, Sharia clearly states when a person becomes an adult.
“The point is to determine when a person is an adult – when he or she can decide what is wrong and what is right,” he said.
In Islamic law, judges define adulthood as when a person has reached puberty.
It is up to the judge to decide adult criminal responsibility based on any physical evidence of puberty.
The official said that Amnesty International had raised these issues before, ignoring UAE explanations.
“We clarified our standards but they keep repeating the same points.”
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