SCA 355495/1435

This case involved the sentencing of an illiterate individual convicted of possessing charms which were deemed contrary to Sharia law.

Background

The Prosecution filed a claim against a defendant claiming that he possessed a paper containing talismans for the purpose of showing sympathy and subjugation. The Prosecution requested that he be charged and sentenced to discretionary punishment.

The defendant confessed and said that he was illiterate and that possessing these talismans was common in his country and he that he was unaware that it was prohibited pursuant to Sharia Law.

The Criminal Court said that possession of such items was prohibited in Islam as the prophetic tradition stated “ruqyah, amulets, and tawla were polytheism”. Therefore this person must be punished. However there was a reason to reduce the punishment because he was illiterate.

Decision

The court sentenced him to thirty lashes and a prison sentence of 10 days.

The Appeal Court endorsed the ruling.