appeal court under article 157 G.J and supported the conviction and judgment under article 160 G.J. and
therefore, this application.
After reviewing the report, I conclude to the validity of the judgment issued by the appeal court.
First: It had been established that the convict had insulted the applicant, and the validity of the convict
and penalty under article 160 G.J. for the year 1991.
Second: As to the conviction under article 157 G.J. and as the appeal court had stated, that insulting is a
crime, and such crimes are included under article (3) G.J. which as ‘Drinking of Alcohol, Apostasy,
Fornication, Insulting, Accusation, Causing Conflict and Stealing)
Subject to Article 63 of the Evidence Act stipulates “Subject to article 62," Proving the crime of
adultery" All Shari’a Hidood [Islamic Penalties] shall be established in either of the following
ways:
1. The explicit acknowledgment, even for once before the court.
2. The testimony of two male witnesses, as evidenced also by the testimony of a man and two
women, or four women. "
And whereas the accusation of “the accused being caught with the man whom she was forced to marry”
this statement does not have any weight, except a hint to an adultery accusation, and establishing such
a hint is only possible through the convict’s acknowledgment of the act of adultery; or only by the
testimony of two male witnesses, or one male witness and two female witnesses, or four female
witnesses which is not available in this case. And the non-availability of such witnesses denies the
criminal Had [Islamic Penalty] for failure to establish the crime, due to lack of evidence, which is
required by the law. Therefore, there is no room for going further with the case; and since this was the
essence of the appeal court, its ruling shall thus be deemed as consistent with the law. This ruling is
subject to the consent of my honorable colleagues.
1. Agree with the appeals court’s decision
2. Parties shall be notified
And God’s help and guidance we seek
(signature)
Dalya Basheer Siraj
Supreme Court Judge
10/1/2017
Second Opinion:
I agree and approve of the above mentioned
(signature)
Adam Ismail Adam
Supreme Court Judge
11/1/2017