Courts
A young man threatens to burn a student for refusing to marry him
An Iranian seller threatened a 21-year-old Iranian student to burn her, her car and all members of her family, if her father did not agree to his marriage to her, after he proposed to her about a year ago, and her family refused his request. The Public Prosecution Office in Dubai to the 20-year-old defendant (SA), the felony of threatening to commit a felony accompanied by a request, and the misdemeanor of insulting by phone and letters, and the young man is currently being tried in the Dubai Criminal Court.
The session judge, Fahmi Mounir, set the date of January 20, with the membership of Dr. Ali Galadari and Mansour Al-Awadi, to pronounce the verdict.
The father of the victim (an Iranian merchant) said in the investigations of the "Dubai Prosecution" that about a year ago, he began receiving harassment from the accused on his mobile phone, the phone of his daughter and wife, calls and SMS messages, and he was insulting family members, and threatening to pour an incendiary substance on all its members. , if he does not marry his daughter.
3 years in prison for a
drunk killer
The Dubai Criminal Court sentenced a Sri Lankan man to three years in prison with deportation for the premeditated murder of a girl, by stabbing her in the stomach, causing her life-threatening injuries.
The accused (37 years) had a disagreement with the victim, after he had sex with her, over the amount he would pay her, which is 25 dirhams. Forced to push the knife, so the police confronted the accused with the forensic report, and he collapsed and confessed that he came to the victim’s apartment and a verbal argument arose between them because he was in a relationship with her, and she accused him of betraying her. It led to her injury with the knife and then her death after bleeding.
Proof of marital infidelity is the task of a life partner
Suspicion is not enough to file a lawsuit for infidelity.
archival
Lawyers said that the proof of the act of infidelity - adultery according to the legal qualification - rests with the husband or wife, and that the police cannot play this role, explaining in their response to questions from readers who have encountered problems with their wives, that “the husband is the only person who has to provide evidence for his wife’s infidelity,” stressing that suspicion alone is not sufficient to prove infidelity and file a lawsuit.
They added that "marital infidelity, after it has been proven, is considered a misdemeanor according to the law, and is described as indecent assault with consent, but the UAE legislator did not include it under the name of marital infidelity as a crime punishable by law," noting that "if one of the spouses submits evidence that his partner is a Sexual relationship with another, the accusation is (indecent assault with consent), i.e. adultery.”
And they reported that “the law stipulates in one of its articles what reduces the penalty for a husband who kills his wife, if she is caught in the act of adultery with another man, and vice versa, and the law does not consider her to be premeditated murder.”
They pointed out that "infidelity can only be proven by one of the spouses against the other, and the police cannot search for evidence to prove the validity of the claim at the request of the husband, for example, by monitoring, and only the husband must bring evidence and no one else."
It is noteworthy that the penalty for the perpetrator of “indecent assault” is imprisonment for a period of no less than one year, according to the text of Article 356 of the Federal Penal Code.
According to lawyer Obaid Ali, “No one can prove infidelity except the husband or wife herself, as if one of the spouses possesses evidence against the other that proves infidelity, such as recording, photographing, or the like. He can present it to the police, who must collect evidence in the initial investigations to ensure that The validity of the husband or wife’s lawsuit, after hearing the statements of the complained party against him, and then submitting the technical evidence to the prosecution with the case file,” stressing that “only suspicion cannot be based on a lawsuit.”
The head of the Family and Juvenile Prosecution in Dubai, Counselor Mohammed Rustom Buabdallah, said that “the family prosecution is looking into crimes between spouses, caused by marital infidelity.” to beating her, so betrayal or suspicion is a reason for committing the crime.”
He pointed out that "most husbands make these statements without having evidence of the wife's infidelity, which is not considered by the prosecution, as it is a judicial authority that does not rely on hearsay only."
Legally, Rustom explained that the law did not categorize the crime of adultery, but rather it fell according to the honor crimes stipulated in the Federal Penal Code, and considered it a crime of "indecent assault with consent."
He explained that "the family prosecution does not consider crimes of indecent assault with consent, unless they occur between first to fourth degree relatives."
In the event that one of the spouses witnesses the other party cheating on him, Rustam explained that “betrayal is when it is witnessed, and one of the spouses commits the crime of murder, then according to the text of Article 334 of the Federal Penal Code, he is punished with temporary imprisonment (from one month to three years) whoever was surprised by his wife’s sighting. Or his daughter or sister, if she commits adultery, then kills her on the spot, or kills whoever commits adultery with her, or kills both of them.
And he shall be punished by temporary imprisonment (from one month to three years) if he assaults her or both of them, resulting in death or disability, and the same applies to the wife if she witnesses her husband committing adultery in the marital home.”
Lawyer Youssef bin Hammad stated, “The actions that the husband commits constitute treason, and those acts that are considered treason are not singled out by law, but in the event the husband practices - or vice versa - fornication with another, and one of the spouses provides evidence against the other of committing that crime, then The Penal Code classifies it as a crime of indecent assault with consent, pointing out that “adultery and indecent assault with consent are two terms for the same act.”
The husband (S.M.) stated that he has been married for about 20 years, and has three sons, the oldest of whom is 19 and the youngest of whom is 11. He discovered his wife's infidelity, but he does not know how to act and how he can obtain evidence of his wife's infidelity, explaining that she began his betrayal 10 years ago, Specifically, after he suffered a loss in his own project, which made his wife spend on him and his family.
The husband who resides in Dubai noted that his wife began to leave the house frequently, talk long on the phone at night, and sleep in the salon away from the bedroom, “she even spends the weekend sometimes with her friends in Abu Dhabi, while she is with someone else.” .
He added, "I began to doubt her, but I could not find physical evidence to prove it, until the day she told me that her friend would drive her home, after I made sure that I was outside the house, but I waited for her outside the house, and when I arrived at 12 after midnight I saw a man who delivered her." Then he ran away immediately,” he continued, “On that day, I beat her until she confessed that she had been in a relationship with him for years.”
The husband said, "She was humiliating me with the money she gives me to create a dispute between us and prepare the way for herself to go out to meet her lover, and she lasted with him for about five years, until he got married about four years ago and the relationship between him and my wife began to diminish gradually until it stopped in 2007."
He added, "Since I learned about the matter, I went to the police to inquire about the legal way to deal with my wife's infidelity and file a report against her. I was told that I must open a report to arrest her and bring her, and also arrest the person with whom she was cheating on me, to prove the crime after their confession."
He continued, "I came out of the police station in confusion," acknowledging that he thought of harming the man who was in a relationship with his wife, but he hesitated for two reasons, the first is that proving infidelity is almost impossible, and the second is that whenever he sees his children, he feels weak in front of them "and he does not want them to feel one day." That their father is a criminal.”
Today, the judiciary is
a husband who assaults his wife
While the husband (the first accused) was shopping with his second wife in a shopping center in Dubai, his first wife (the second accused) saw them in the same centre, and as soon as she saw her husband and his second wife accompanied him, she became agitated and nervous, so she insulted her husband and called him obscene words, which would scratch His honor, and that was in front of those in the center, so he tried to calm her down, asking her to discuss these family matters at home, but she was not deterred, so he pushed her away from him, then beat her to silence her, when passers-by intervened to break the fight.
When she was presented to the forensic doctor, she saw irregularly shaped bruising on the back of the upper left forearm, and that the injury was contemporary to the date of the incident and healed within 20 days without leaving a permanent disability.
By questioning the defendants in the court session, they confessed to the accusation against them, and the husband decided that what he had done was to discipline his wife.
The court considers that the first accused exceeded the right of discipline and transgressed it to assaulting the integrity of the body of the second accused, as stated through the forensic report of injuries.
The matter with which the court considers the availability of the elements of the crime ascribed to the accused, and they must be punished in accordance with Article No. 374/1, which states that “he shall be punished with imprisonment for a period not exceeding six months or a fine not exceeding 5000 dirhams if the slander or insult occurs by phone or in front of the victim.” In the presence of others,” and Article No. 339/2, which states that “the penalty shall be imprisonment for a period not exceeding one year or a fine not exceeding 10 thousand dirhams” of Federal Penal Code No. 3 of 1987 AD and its amendments.
Judge Dr. Ali Galadari
There are many inquiries about the appropriateness of judgments issued by the courts in different cases, the extent to which the penalty is commensurate with the offense committed by the perpetrators, and the circumstances and circumstances of each case, on the basis of which judgments are issued and the applicable penalty imposed, which in the eyes of readers may be unfair. deterrent or exaggerated, so this angle was created for clarification.
The knot of a man and two women
Lawyer Harun Tahlak denounced “the failure to accept the testimony of a single woman in judicial applications to prove the harm that occurs to the wife, as evidence requires two women joined by a man, so the testimony of a million women is not acceptable unless a man testifies with them.”
Tahlak explained that “marital life is not without problems, but if it reaches the level of material and moral harm against the other, husband or wife, then Article 117 of the Personal Status Law allows each of them to file a divorce suit for damage, knowing that it is difficult to prove the damage. Moral and verbal, such as cursing, cursing, contempt and contempt in marital life, which is described as privacy, which the spouses do not usually see their children and servants.
Article 122, which decided that harm is proven by legal means of proof, including the testimony of witnesses, and stipulated in the fourth paragraph of Article “The testimony of a witness, male or female, is accepted, with the exception of the origin of the branch or the offshoot of the origin when the witness fulfills the conditions of testimony according to Sharia.” .
He considered that “if this article did not prohibit the testimony of fathers to their children, or vice versa, it would be better, given the nature of married life.” He added, “Just as if the word (even one) was increased, it would be better, until the testimony of a single woman entered, raising the thumb and cutting the dispute in judicial applications. , which is still living the knot of a man and two women, so it is not acceptable to prove the harm by the testimony of one woman, rather there must be two women joined by a man, for the testimony of a million women is not acceptable unless a man testifies with them.”
And he saw that “this jurisprudence is the right side, and the truth is not limited to a particular doctrine, and we all have to untie this knot with the ropes of truth, and the right here is to accept the testimony of one woman. In it the judge is broader than the ways that God guided the owner of the right to preserve his right in them, and there is a great difference between the two matters,” considering that “a woman today is worth a million men in martyrdom.”
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