Crazy justice in The Maldives

[Chinese-Dragon]

Two different crimes under Shariah Law !

(a) Raped by her step-father.

(b) Having consensual sex outside of marriage with another man.

The first makes her the victim of rape under the Shariah & consequently she needs to be treated as such with the step-father being sentenced to death !
The second makes accused of transgressing the limits that Muslim Societies impose on individuals & the Standards of Propriety it has decided for themselves. Now I dunno how that pans out when you've got such a situation but it does appear that shes being disproportionately punished even under the Shariah Law & the step father being disproportionately left off the hook.

Here is the thing though, according to most legal systems, an underage person CANNOT "consent" to sex. They don't have the legal right to do so, which is why it is considered as rape.

Plus, she would obviously have psychological issues after what happened with her step-father. In either (or both) cases it seems very wrong to punish her, especially considering her age.

 

[Armstrong]

Here is the thing though, according to most legal systems, an underage person CANNOT "consent" to sex. They don't have the legal right to do so, which is why it is considered as rape.

Plus, she would obviously have psychological issues after what happened with her step-father. In either (or both) cases it seems very wrong to punish her, especially considering her age.

Oh wait shes 15...yeah I didn't see that !

I dunno how the Shariah Law goes because Islamic Jurisprudence or Fiqh is a pretty extensive & intensive subject; so I dunno what the ruling would be for someone who is underage & I dunno how does one judge in such a situation in the light of the Shariah !

Frankly I'd have the father hanged in the city square & make an exception for the kid as has happened throughout Muslim History in such events - Cover it up but don't let it Out...it (the consensual sex part) never happened, lest others flirt with the idea of transgressing the limits that we decided for ourselves !

 

[third eye]

Maldives girl's 100 lashes sentence overturned

BBC News - Maldives girl's 100 lashes sentence overturned

A 15-year-old girl who was sentenced to 100 lashes for engaging in premarital sex has had her punishment overturned by a Maldives court.

The High Court ruled on Wednesday that the girl, whose stepfather is on trial for raping her, had been wrongly convicted by a juvenile court of having premarital sex with another man.

Premarital sex is illegal in the Maldives, a popular tourist venue.

The case caused outrage among rights groups who welcomed the latest ruling.

"We are relieved that the girl will be spared this inhumane 'punishment' based on an outrageous conviction, which we hope has also been quashed," said Polly Truscott, Amnesty International's deputy Asia-Pacific director.

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It is the government's policy to protect victims, but we had to do it within the framework of the law”

Masood Imad
Spokesman for Maldivian President Mohamed Waheed
"No-one should ever be prosecuted for sex outside marriage in the first place."

Ms Truscott said that flogging amounted to cruel, inhuman and degrading treatment. She called on the Maldives government to annul all outstanding flogging sentences.

In its ruling the court said the sentence of the lower court was based on a confession that the girl made while she was suffering post-traumatic stress disorder. It said that she had been "unfit for trial" after the alleged rape.

The Maldivian government appealed on behalf of the teenager following international outrage in February to punish her with 100 lashes when she reached the age of 18.

The girl - who cannot be named for legal reasons - was only charged after police investigating the rape allegations discovered that she had been having consensual sex with another man.

Dead baby
President Mohamed Waheed said that he was "overjoyed" with the ruling, his spokesman Masood Imad told the AFP news agency on Thursday.

Mr Imad said: "It is the government's policy to protect victims, but we had to do it within the framework of the law."

The case was sent for prosecution after police were called to investigate a dead baby buried on the island of Feydhoo in Shaviyani Atoll, in the north of the country.

Her stepfather was accused of raping her and impregnating her, then killing the baby.

The legal system of the Maldives, an Islamic archipelago with a population of some 400,000, has elements of Islamic law (Sharia) as well as English common law.