SHARJAH // A South African woman being tried on charges of illicit sex - zina under Sharia law - and abortion should be freed because legal requirements to convict her have not been met, her lawyer argued yesterday.
Sharjah prosecutors have charged MB with zina and aborting a four-month-old foetus by ingesting abortion pills. She had become pregnant after consensually agreeing to an adulterous relationship with an unidentified man, they alleged.
Sharjah public prosecutors were asked to present four eyewitnesses in the case of MB, a 25-year-old receptionist arrested after checking into Al Qassimi hospital in Sharjah on September 7 while haemorrhaging profusely.
Abortion is strictly prohibited under UAE and Islamic law, except in extreme circumstances.
The defence lawyer, Haroon Tahlak, asked the Sharjah Court of First Instance to acquit MB after prosecutors failed to produce the eyewitnesses, a Sharia requirement for one to be convicted on the zina charge.
He also dismissed the abortion accusation, saying the prosecution had not provided a legal doctor's examination report as proof.
"This is a Sharia court and the witnesses we need here must have seen MB in action," he told the court. "Four people seeing, your Honour, not two or three. Sharia law does not base evidence on people's thoughts."
Mr Tahlak urged the court to be lenient with his client, a non-Muslim raised in a Christian country whom he said had little prior knowledge of Sharia law.
He cited Islamic hadiths proving his argument. According to Sharia law, even Muslims who have committed zina without knowledge of it being illegal can avoid punishment.
Regarding the charge of abortion, Mr Tahlak said the pills she ingested had not been identified forensically as abortion pills, so the charge was unsubstantiated. He also said MB's work as a receptionist involved her climbing two flights of stairs every day, which may have resulted in the miscarriage.
The punishment for committing adultery is 100 lashes for unmarried persons and stoning to death for married persons.
A December 2006 amendment to the federal penal code prevents non-Muslims from being lashed. However, this amendment revokes the punishment under federal law in non-Sharia cases, such as drink driving. The Sharjah legal system views adultery as a Sharia case, even if the offence was committed by a non-Muslim.
According to prosecution records, an ambulance was called for MB by her flatmates after she started to haemorrhage. Tests revealed that MB had undergone a second-trimester abortion. Doctors reported the results to police, who immediately detained MB.
MB told prosecutors she had met an American guest at a Dubai hotel during the summer, who invited her for an evening out. During the course of the evening, records showed, the woman engaged in a sexual relationship and never saw the man again.
The case was adjourned until December 29.
* With reporting by Awad Mustafa
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Name: Almnssa
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Founder: Areej Selmi
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The flights
Etihad and Emirates fly direct from the UAE to Seoul from Dh3,775 return, including taxes
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Ski Safari offers a seven-night ski package to Korea, including five nights at the Dragon Valley Hotel in Yongpyong and two nights at Seoul CenterMark hotel, from £720 (Dh3,488) per person, including transfers, based on two travelling in January
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Visit www.gokorea.co.uk
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if you go
The flights
Emirates have direct flights from Dubai to Glasgow from Dh3,115. Alternatively, if you want to see a bit of Edinburgh first, then you can fly there direct with Etihad from Abu Dhabi.
The hotel
Located in the heart of Mackintosh's Glasgow, the Dakota Deluxe is perhaps the most refined hotel anywhere in the city. Doubles from Dh850
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Events and tours
There are various Mackintosh specific events throughout 2018 – for more details and to see a map of his surviving designs see glasgowmackintosh.com
For walking tours focussing on the Glasgow Style, see the website of the Glasgow School of Art.
More information
For ideas on planning a trip to Scotland, visit www.visitscotland.com
Takreem Awards winners 2021
Corporate Leadership: Carl Bistany (Lebanon)
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Environmental Development and Sustainability: Bkerzay (Lebanon)
Environmental Development and Sustainability: Raya Ani (Iraq)
Humanitarian and Civic Services: Women’s Programs Association (Lebanon)
Humanitarian and Civic Services: Osamah Al Thini (Libya)
Excellence in Education: World Innovation Summit for Education (WISE) (Qatar)
Outstanding Arab Woman: Balghis Badri (Sudan)
Scientific and Technological Achievement: Mohamed Slim Alouini (KSA)
Young Entrepreneur: Omar Itani (Lebanon)
Lifetime Achievement: Suad Al Amiry (Palestine)
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Year started: 2018
Based: UAE
Employees: 80-100
Amount raised: $13m
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