(And we have certainly honored the children of Adam) and Almighty also says: (Whoever kills a
person unjustly, it is as though he has killed all of mankind") and says: (And do not kill the soul
which Allah has forbidden, except by right).
The penalty for the accused adulterer Is set at one hundred whip lashes and an exilation for a period
of one year. Article 5/ of the Constitution prohbits us from violating the law. In conjunction, the
record does not indicate whether the accused was married before his legal age. Neither the less, it is
the legislator (Guardian) who choses the punishment for child abusers.
The case was confirmed by the indictment (1) but refuted by the defense document (1), in which
Doctor Tariq indicated that there was no trace of sexual intercourse in terms of scratches or sperm,
and since there was a difference between the doctors, the doctor who wrote the report of the raped
girl confirmed the rape
The Prophet (PBUH) says: (Avoid Hudud in the presence of suspicion) and this is a general text in
all Hudud. If we apply the text with each case of a single crime of Hudud, we apply the Hudud
avoidance on the crime of theft and save the hand of the thief from amputation, which is part of the
body. So, how to apply the avoidance of Hudud on a part of the body, and not apply this to the
whole body and the provision on human soul that Allah warned not to kill, as we mentioned in the
top of the memorandum (Whoever kills a person unjustly, it is as though he has killed all of
mankind").
What I want to say is that, the hand the of a thief shall not be cut off if there is suspicion of avoiding
the Hudud. This means we cannot seek an opportunity to prevent the killing of the human soul,
considering that human soul, which contains a body, apply to the Hudud text in reference to the
fundamentals of Islamic jurisprudence which is taught to us in Sharia.
Conti. No. HC/RC/Execution/ 25/2017 / Second Session, p. (3)
The Fundamentals of standard jurisprudence on why the human soul does not live has been firmly
established by the Sudanese Judicial system. It also established that the evidences of the child, are
accepted by the condamnation and incarceration of the accused. This Judiciary system is now a
Sudanese custom. Another new custom is that the punishment of rape is beyond the violence and
severity of Hudud and the evidence of proof required.
Therefore, if the colleagues agree with me, I see that the conviction should not be amended by the
evidence of the child, but I believe that we should link the conviction to the punishment. In other
words, the conviction should be based on the evidence of the child as it was before. The penalty is
to be imprisonment according to the period determined by the court. According to the legal
evidence, there should at least be additional evidence for the evidence of the child. If the child's
evidence is available and there is no other, in that case, the sentence shall be sentenced only to
imprisonment.
After reviewing several trials relating to rape, the court accused Mehdi Suleiman Ahmed, Review
No. 317/2016, in which the victims father was informed that the accused had raped his nine year
old daughter after the trial. After the trial, the accused was sentenced to 20 years in prison. The
accused then filed for an appeal before the court of appeal of North Kordofan, where he was later
acquitted and immedatly released based on his memorandum number. UC/KSC/CR/148/2016. The
judgement from the court of appeal was revoked and the judgement from the court of cassation was
restored. The house of first insurance also found that the court has the right to intervene according
2