Not in the Name of Islam, the rape case

Saudi Arabia, the home of so many Islamic symbols, will always be regarded as the heart of Islam, despite the fact that its government is falsely associated with religion. For Muslims, Saudi Arabia should be a place one goes to attain spiritual rebirth, an example of a desert being transformed from lawlessness and injustice by the humane laws early Muslims sought to enforce. Yet, as demonstrated in its latest media debacle about a woman who was raped, Saudi Arabia better represents the problem of religion as a governing tool, abused by powers that go unchecked.

When it�s not busy dragging Islam�s name through the mud, Saudi Arabia is siding with Washington; let it be increasing oil production during crisis, or selling America�s political policy to other Arab nations. Yet, more than its political dealings, most Muslims disdain Saudi Arabia for crimes like the one committed against this 19-year-old woman, whose punishment is indicative of the tyranny and backward mentality of authoritarian governments.

Saudi Arabia is a dictatorial monarchy that is supposed to rule with Islamic law or Shari�ah and has adopted the Quran as its constitution. However, quite often it abuses them both, taking Shari�ah out of context and ignoring what the Quran says about governance and justice, as in this woman�s case.

She was originally punished with 90 lashes for violating Shari�ah law by riding in the car of an unrelated man; it is illegal to be in a private place with an unrelated man under Shari�ah. However, the woman�s lawyer, Abdul Rahman Al-Laham, contends that she was in a public place with the man before being abducted, and therefore was not violating any law.

After being abducted, both her and the man she was with were assaulted; she was gang raped 14 times. When she appealed her punishment the judges concluded that she was abusing the media to try and influence the judiciary; they responded by abusing their positions and letting their Bedouin mentality influence justice, increasing her punishment to 200 lashes and six months in jail.

Under Islamic law no such increase in punishment exists. Moreover, there is no punishment in Islam for being a victim of rape, even if it is barbarically argued that a woman puts herself in a position to be raped. However, there is a punishment for committing rape; if Saudi Arabia really did follow Islamic law, it would have been used against the seven men found guilty of raping this woman. They were instead punished wth jail sentences ranging between two and nine years- not much in light of the Quran�s punishment for adultery and given that stoning to death has been proscribed by Shari�ah before.

Al-Lahem said his client would appeal her punishment, which so clearly violates Islamic and international law. The judges responded by dismissing his right to work and represent his client.

The latest on the incident is that the woman confessed to having an affair with the man, and the court changed its mind about the increase in punishment, saying instead, that it was a result of the dangerous nature of the crime, and not because the woman was using the media to influence judicial decision, as it previously stated.

Again, we expect this from Saudi Arabia, a society ruled by men who do not value women�s rights or even basic human rights.

Because the woman was left without representation after Al- Laham�s dismissal, we may never know if she actually confessed or was coerced into admitting to an alleged affair, or if she admitted anything at all. However, even if she is an adultress, it does not change the fact that she was raped, and has no hope of protection from Saudi courts on that account.

My instincts tell me the case�s media attention has embarrassed
Saudi Arabian officials, who have devised the supposed confession as a cover-up, suggesting that the judges removed Al-Laham because they know he�s right and want to suppress him, lest he lead to a movement calling for their removal-which is exactly what should happen.

Islamic scholars from all over the world should issue their opinion on the matter and deliver it to King Abdullah, who ratifies legislation and can dismiss the judges and pardon the crime. If Saudi courts want to punish the woman on account of adultery, a new case must be filed.

If Saudi Arabia still insists on sticking with the current punishment, then it must not do so in the name of Islam, and Islamic scholars need to expose the illicit ruling and make it clear that this woman cannot be punished for rape under Islamic law. If the court proclaims she is being punished for khalwah and that can be proven, then her sentence, in light of Islamic law, should be reduced. I found no such fatwa from the Fiqh Council of North America , or the Islamic Society of North America

Again, this goes back to a previous column I wrote in the Star, in which I suggested adherence to one internationally recognized body of Islamic scholars to rule on matters of jurisprudence.

In any case, we, as people of conscience, need to speak out and condemn acts of injustice, so that governments around the world, uphold human rights.

If any modern benefit can be gained by referring to the Islamic code of ethics, it is that no man is above the law. These judges clearly have no understanding of the very law they act to enforce; Islam�s scholars especially, should isolate Saudi Arabia�s ruling and assure the public that Islam is not a safe house for injustice.