Number/M.Ein./F.J/86/2017 – Continues.
From our part, we believe the direction we have been following in this Division is that the Child Law is a
special law that has determined the Child age, while the Criminal Law spoke about puberty; and that the
Courts are not the entity to cancel a law or deem it unconstitutional; and that it is the Constitutional
Court’s responsibility to decide. And until the Law is cancelled, its articles remain mandatory applicable,
and since this stands true, Consent is thus irrelevant; and since the conviction and punishment were
legally sound, we therefore decide to uphold the contested Judgment and dismiss the Motion, if both
my two honorable colleagues agree.
Mr. Tariq Al-Daw Ayoub
Judge of the High Court
14/04/2017
Al-Araki Al-Rayah Al-Elaish
Musa Alniel El-Mukashfi
Judge of the High Court
Judge of the High Court
14/02/2017
15/02/2017
The Final Decision:
The Motion request is Dismissed.
Mr. Tariq Al-Daw Ayoub
Judge of the High Court
15/02/2017
[Signature of Courts Judges sighted. Handwriting Note added: “No Change. Alshibly Ahmed Abdalla
Signature.08/08/2017. Appeal.”]