they wrestled, then she stabbed him again in the chest. He fell and she went to the bathroom, where
she cleaned up herself. She then took 50 SG from his pocket and went to her parents’ house. The
fifth Prosecution witness denied any disagreement existing between the deceased and the Defendant,
same as the Plaintiff Alnour. The third witness’s testimony was contradicting, although he admitted
that there was a disagreement between the deceased and the Defendant, and that she asked to be
returned to her family or at least they were to be contacted, but the Plaintiff (Alnour) rejected that
stating one time, Page (88) of the Record, that Alnour asked for her family to be contacted and she
refused. Therefore, we only consider the testimony of the Defendant, and although it bears some
change, but they do not include a denial of the criminal act which is the murder, but a denial of the
criminal responsibility or a limitation of it, as in the Supreme Court’s ruling in the matter of the
Government of the Sudan vs. Husein Abdelrahman Suliman, MA/ML/85/76 Page (755), and the
Government of the Sudan vs. Haidar Abdelraziq, No. MA/MK/130/78 Page (379). “The general
rule of the sworn confession is that it is taken in its entirety without segmentation, since it is not
right to consider what is against the Defendant and disregard what is in the Defendant’s interest, as
long as it does not contradict the nature of things.) Whereas the Defendant refused copulation with
the deceased, and he sought the aide of his family; She asked to be divorced and returned to her
family, and he refused even to contact them; After their departure and her refusal, they came back,
beat her up, forcibly dragged her in the room, and even though they left them alone, they kept
peeping on them; does that constitute provocation? Since man knew sin, he knew that its exposure
is ugly and detested to human sense. The Almighty says in that: ‘So he made them fall, through
deception. And when they tasted of the tree, their private parts became apparent to them, and they
began to fasten together over themselves from the leaves of Paradise. And their Lord called to them,
"Did I not forbid you from that tree and tell you that Satan is to you a clear enemy?”.’ Al-A’raf (22).
It states in Tahtheeb al-Ahkam, Part Seven, Page (457) that the woman’s right in her husband is
“To veil her privates, fill her hunger and not reject her ugliness, if he did so, then he honored her
right”. Ibn Abi Hakam Narrated of his father, of his grandfather, who said: I said ‘Oh Prophet of
Allah, what do we get and get not of our privates? And the Prophet, Peace and Prayers be Upon
Him, said: “Keep your privates except from your wife, or who your right owns”. And to reassert the
veil, Islam commanded to woman to be veiled even from the blind. Ibn Nabhan narrated of Um
Salama saying: I was sitting at the Prophet’s, Peace and Prayers be Upon Him, me and Hafsa, when
Ibn Maktum asked to enter, then the Prophet, Peace and Prayers be Upon Him, said “Veil from
him.” then I said “Oh Prophet of Allah, he is a blind who cannot see” and he, Peace and Prayers be
Upon Him, said “Do it, even though you do not see him”. That is because Almighty Allah
commanded the women to lower
Number: MA/ASJ/1188/2018
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Their look the same as he commanded the men. Almughni, Part 7, Page (81) ‘And the privates are
veiled from the husband himself, as it was narrated of Aisha, Peace be Upon Her, said: “I did not
see of the Prophet of Allah, and he did not see of me” (Saidul Khatir, Page 413). And on sex what
he said, Peace and Prayers be Upon Him, (The one of ye shall not fall over his woman like the
falling of the animal, let there be a messenger between them, it was asked: Oh, Prophet of Allah,
what would the messenger be? He said: The kisses and the speech) (Al Siyooti, Takhreej al-Ihya’,
Part 3, Page (65)). Looking at what happened, we find that the copulation that took place, followed
beating, threat and violation of privacy, up to the assassination of the Defendant’s decency. It left
pain in her mind that made her lose control of herself, that she could not rid except through these
stabs that were not premeditated and happened after the departure of the two Prosecution witnesses
who supported the deceased, then asked for forgiveness. We find what happened establishes
Provocation that should benefit the Defendant in easing her burden of criminal responsibility.