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Exposing the role that Islamic jihad theology and ideology play in the modern global conflicts

Sharia in action in Dubai: Rape victim faces jail for sex outside marriage

Jan 22, 2014 8:57 am By Robert Spencer

Dubai

“Why did they not produce four witnesses? Since they produce not witnesses, they verily are liars in the sight of Allah.” — Qur’an 24:13

Because of the Qur’an-derived stipulation that sexual crimes can only be established by the testimony of four male Muslim witnesses, along with the Sharia provision that women’s testimony is not admissible in cases involving sex, it is not at all unknown that women are in prison for being victims of rape: their own charge against the perpetrator becomes self-incriminating when he refuses to confess and there are not four witnesses.

“Dubai to charge Austrian woman victim for illegal sex,” from Austrian Times, January 21 (thanks to David):

An Austrian tourist who claimed she was raped by a policeman’s son in Dubai in the United Arab Emirates has been told that she is facing jail herself – for having sex outside of marriage.

The 24-year-old woman reported the rape to local police expecting that they would take action against the accused, and instead found herself facing charges.

And even more amazing she claims that she was told by one of the policeman that she complained to that she could escape charges if she were prepared to marry the man that she alleged had raped her in a car during an attack on December 2nd, which is a public holiday in Dubai.

She had been in the region with friends on holiday and accepted an offer by the man to drive her home. But once they had walked into an underground car park underneath a five-star hotel in Yemen he had raped her, she claims.

The man then tried to drive the woman away from the hotel but she managed to jump out of the car screaming for help – where other guests helped her and the police were called.

As well as facing charges of sex outside marriage it is also alleged that she had been drinking. Both actions are illegal in United Arab Emirate State.

According to Austrian media the man initially claimed that the woman had offered him sex because she was drunk, and then later claimed that she was a prostitute who had demanded money for sex – something she also denies.

The Austrian Embassy refused to comment but did confirm reports about rape allegations on a Austrian tourist.

The investigations are continuing and the woman is not at this time being held in custody.

CCTV footage from the garage has reportedly been handed to the police for analysis.

Just last year a young Norwegian interior designer Marte Deborah Dalelv was sentenced to 16 months in prison after suffering a similar fate and being raped and convicted of sex outside marriage.

Interestingly both the latest case involving the Austrian woman and the earlier case involving the Norwegian woman had both involved in making complaints at the same police station in the in Bur area of Dubai.

The 24-year-old Norwegian was convicted and sentenced on charges of having unlawful sex, making a false statement and illegal consumption of alcohol.

But after international protests she was pardoned and released. The man was also freed.

In the United Arab Emirates, as in some other countries using Islamic law, a rape conviction can require either a confession, or the testimony of four adult male witnesses.

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Filed Under: Dubai, women's rights in Islam


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Comments

  1. mortimer says

    Jan 22, 2014 at 9:10 am

    Can the message to the West be any clearer? A woman should never be a tourist in a Muslim country. If victimized by a perpetrator, she will then be victimized by the Muslim legal system. ISLAMIC COUNTRIES ARE TOO UNCIVILIZED FOR WESTERN WOMEN.

  2. Cornelius says

    Jan 22, 2014 at 9:23 am

    In my back-and-forth with Muslim apologists, I’m always told that the ‘four-witnesses’ stipulation is necessary to establish GUILT, not innocence, based upon the experience of Aisha and the false accusations against her. Robert, could you please clarify the law/tradition so that we have an effective rebuttal?

    • RodSerling says

      Jan 23, 2014 at 9:46 am

      Relax. The Loonwatch team will be contacting Dubai officials immediately to assure them that this four witnesses requirement is not a part of Islam and that rape victims are not punished in Islam. They will scold the Dubai officials, telling them to stop relying on JihadWatch for their legal rulings.

      • RodSerling says

        Jan 23, 2014 at 5:29 pm

        Hm. I started a reply to Cornelius, then changed my comment completely to one that was not a reply. How does one undo a reply (which was easy on the old system), without starting over in a different comment frame?

  3. exsgtbrown says

    Jan 22, 2014 at 9:41 am

    The rape was both a wedding proposal and an invitation to convert to Islam…a important old rule is that you should never travel to a Muslim country where Muslims are in charge…

  4. London Jim says

    Jan 22, 2014 at 9:57 am

    Test

  5. David says

    Jan 22, 2014 at 10:24 am

    Please give a talk on this case Obama, since you like to tell us all about Islam. Hmm what’s that, silence? I figured as much. How about you David Cameron, nothing to say either? What about all the left wing useful idiots that march against the EDL, you must be in favour of these things? Let’s not forget Australian Alicia Gali, the same thing happened to her as well. Islam exposed to it’s true self on display here.

    • Softly Bob says

      Jan 23, 2014 at 10:23 am

      They always have the pathetic excuse that this is not the ‘real’ Islam but a serious misinterpretation of it.
      It’s funny how the ones that always misinterpret Islam are the countries that have been living and breathing it for over a thousand years. Yet, the Leftist dhimmis who have never so much as opened one page of the Q’uran are experts on how Islam should really be practised!

  6. Salah says

    Jan 22, 2014 at 11:14 am

    This four-witness requirement has been a disaster for muslim women since in muslim societies, muslim males can rape with near impunity.

    http://crossmuslims.blogspot.com/2011/10/aisha-and-safwan.html

  7. Art says

    Jan 22, 2014 at 11:27 am

    If the woman is guilty of having sex outside of marriage, then isn’t the man she had sex with also guilty of sex outside marriage, rape or no rape? How could a woman be guilty of sex outside of marriage without a man involved?
    This of course is a rhetorical question.

  8. Victoria says

    Jan 22, 2014 at 1:00 pm

    Reliance of the Traveler, n11.o (Charging one’s wife with adultery) is used as reference in o12.0 (The Penalty for Fornication or Sodomy. As I understand o12.1, If a person commits S or F and he/she does not have the capacity to remain chaste, he/she gets 100 lashes; if he/she DOES have the capacity to remain chaste, the punishment is death. Basically if a person has EVER had legal sex, he/ she DOES have the capacity to remain chaste. In the West, where sex is generally satisfying, that seems counter-intuitive. (Now I now how good an orgasm feels, it seems less likely I could refrain from fornication). But not in the world of Islam. In Islam only the virgins or those who were “prepubescent” when they lost their virginity can escape death for fornication….

    So how can we legally establish that the person has F or S? In 11.2, Sheikh ‘Omar Barakat says it can be established by proof (the four upright witnesses) or by her own admission. Therein is the key. By saying she was raped, the woman, in Islam-speak, is actually saying, “I fornicated with this guy.” She self-incriminates. She has admitted that her vagina has been penetrated by a penis. Bingo. And the lack of an orgasm or even a willingness? That’s irrelevant.

  9. Mumia W says

    Jan 22, 2014 at 5:19 pm

    Exsgtbrown, you mean I can’t go to Marseilles, France?

  10. Elisabeth says

    Jan 23, 2014 at 1:59 am

    Remember— this has nothing to do with Islam. It is just a tradition, one that we must respect in the name of diversity and multiculturalism.

    /sarc off

    Has anyone noticed that, despite all the explanations of why and how, the word “Sharia law” seems elusive?

  11. Police says

    Jan 23, 2014 at 3:54 am

    Islamic Sharia law can not be applied without compromising the sense of certain parties and benefited others with unfair circumstances. Islamic Sharia is essentially the only benefit the men in women above all things that lead to these women lose their rights as well as victims of crime and human experience true to the fundamental right of equality inborn.

  12. Deborah says

    Jan 31, 2014 at 4:06 am

    Yesterday I was surfing on Couchsurfing Dubai, and a young girl from Sweden was asking if she could come to Dubai. At that time a nice lady, told her yes you should come it is great but be careful when choosen your host because you are not protected in case of rape. At that time, all the men on CS Dubai, mostly from Pakistan but the CS Embassador from Dubai, told the woman that it was not true, that it was very safe. And the account of the women informing was suspended. I contacted her and she told me that a woman called Caytee on the site told her that it was not allowed to inform women. And the site does not inform them and is making money more and more being a dating site. The problem is the women have no idea it is a dating site, and are searching for a decent host.

  13. Deborah says

    Jan 31, 2014 at 4:08 am

    Couchsurfing Dubai should be shut down, because they do not inform women and a lot of complaints. Men are really taking advantage of this law.

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