Conclusively, there is nothing to support the statement that the phrase (sexual harassment or sexual
behavior) means (only) behavior or physical act and not the moral one, even if not coupled with a
physical act.
b) Secondly;
The view of Islamic sharia and sharia jurisprudence;
1/ The Islamic sharia prohibits that a man and a woman stay alone together, and the fundamental rule is
(if a man and a woman with no sharia bond between them, gather alone, will have the Satan as their
third companion.)
2) The Islamic jurisprudence differentiates between the legitimate solitude of spouses being together,
whilst prohibiting the impermissible solitude of non-married couples, according to the hadith.
3/ Allah prohibited adultery and whichever that might be close to it; be it an act or words, as the Quran;
(And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.)
[ surah17 – Al-Isara, chapter 15]
4/ the Sharia’a prohibited solitude of those engaged to marry as it could not be guaranteed that an
unlawful act that is prohibited by Allah and His messenger might take place, until they are lawfully
married;
And considering the mentioned above, and back to the case, I see the following;
1/ the accused did not deny entering the room where the victim was, but he alleged that he had seen
something happening to the victim, and that some other person was there in the room and that that
person was the one who closed the door behind him, denying that he had done anything the victim
alleged.
2/ The witness (Mihraj Bai) affirms in the records, page 23, that he had seen the accused enter the name
where the incident took place, with a flashlight in his hand, and that he saw the victim coming from the
nearby shop, and then he saw the accused hold the victim by the hand and drag her into the house ( the
house was fenced with worn out sacks.) and that he saw the accused take the victim into the room, so he
called the victim’s mother and informed her.
In my opinion, this evidence as stated by the witness when interrogated, page 27, affirms that the
accused dragged the victim into the house from the street. And, from the statements by the accused, I
find nothing to justify dismissing the statements of this witness, as the accused did not allege any
animosity between the witness and himself that could lead him to falsely accuse him.
3/ the medical report, prosecution evidence no (1), where the test was made on the night of the incident,
that there was sperm inside the vagina. And it is known that an ejaculation outside the vagina could
occur even without entering the penis into the vagina, and that does not negate the fact of a sexual act
(the victim affirmed that in the records on page 13).
In the investigator’s journal, a sample was taken from the accused under pants where the criminal lab
proved there was sperm in there. And although the accused alleged that he had had a wet dream, still, the