Marte Deborah Dalelv
by Andrew Bostom:
March of this year, a 24-year-old Norwegian woman, Marte Deborah Dalelv, was raped during a Dubai, United Arab Emirates (UAE) business trip, and reported the assault to the local police. Shortly after filing the report, UAE police summarily rejected the young woman’s complaint, and confiscated her passport. She was then incarcerated for days, before being allowed to use a telephone. As her father, who has visited his daughter several times since the arrest, recounted,
She called after four days in jail and told me that she had been raped and was in jail. I was totally shocked. In my view, this is completely absurd. It’s a natural reaction to go to the police when you have been raped. You don’t expect to be sent to jail yourself.
Assisted by family members, and the Norwegian consulate, the unfortunate young woman was able to negotiate a release, and she has been living under the protection of the Norwegian Sailor’s Church pending a “legal” decision on her case.
This Wednesday, July 17, 2013, the 24-year-old Norwegian woman was sentenced to one year and four months in jail, for “sex outside of marriage,” “drinking alcohol,” and alleged “perjury.” Gisle Meling, the priest at the Norwegian Sailor’s Church, commented with apt ruefulness, “we live in a country which has a justice system which draws its conclusions with the help of Sharia law.” The good priest deferentially adumbrates how the totalitarian Sharia promulgates such “justice” in the UAE.
Article 7 of the UAE Constitution (issued as a “Provisional Constitution” on July 18, 1971 by the Rulers of the six Emirates that originally formed the United Arab Emirates [Ras Al Khaimah joined in 1972] and made permanent in 1996), stipulates, in translation:
Islam is the official religion of the Union. The Islamic Sharia shall be a main source of legislation in the Union.
Article 110, which provides, in translation, that “Union [Federal] laws shall be promulgated in accordance with the provisions of this Article and other appropriate provisions of the Constitution,” renders unconstitutional any UAE law that does not take Sharia as its source because such legislation violates the aforementioned Article 7.
Moreover, the UAE’s so-called “Civil Code” further enshrines the pre-eminence of Sharia, stating quite explicitly, the following
Article 2. The rules and principles of Islamic jurisprudence (fiqh) shall be relied upon in the understanding, construction and interpretation of these provisions.
Article 3. Public order shall be deemed to include matters relating to personal status such as marriage, inheritance, and lineage, and matters relating to sovereignty, freedom of trade, the circulation of wealth, rules of private ownership and the other rules and foundations upon which society is based, in such manner as not to conflict with the definitive provisions and fundamental principles of the Islamic Sharia
Article 27: It shall not be permissible to apply the provisions of a law specified by the preceding Articles if such provisions are contrary to Islamic Sharia, public order, or morals in the State of the United Arab Emirates.
Article 106: A person shall be held liable for an unlawful exercise of his rights…if the interests which such exercise of right is designed to bring about are contrary to the rules of the Islamic Sharia, the law, public order, or morals;
Under the Sharia—and its codification in UAE law—rapists can only be convicted if either the perpetrator confesses or if four adult Muslim males witness the crime. Ibn Warraq has elucidated the Sharia-based origins of this iniquity. Koran 24.4 states: “And those who accuse honourable women but bring not four witnesses, scourge them (with) eighty stripes and never (afterward) accept their testimony – They indeed are evil-doers.” But Warraq elaborates how this injunction strips women of their basic rights under the misogynistic Sharia, past and present:
Muslim jurists will only accept four male witnesses. These witnesses must declare that they have “seen the parties in the very act of carnal conjunction.” Once an accusation of fornication and adultery has been made, the accuser himself or herself risks punishment if he or she does not furnish the necessary legal proofs. Witnesses are in the same situation. If a man were to break into a woman’s dormitory and rape half a dozen women, he would risk nothing since there would be no male witnesses. Indeed the victim of a rape would hesitate before going in front of the law, since she would risk being condemned herself and have little chance of obtaining justice. “If the woman’s words were sufficient in such cases,” explains Judge Zharoor ul Haq of Pakistan, “then no man would be safe.”
Clearly, Sharia “standards,” which do not even seek evidentiary legal truth, and allow threats, imprisonment, and beatings of defendants to extract “confessions,” while sanctioning explicit, blatant legal discrimination against women and non-Muslims, are intellectually and morally inferior to the antithetical concepts which underpin Western law. The plight of hapless Norwegian woman rape victim, Marte Deborah Dalelv, under the UAE’s “Sharia justice system,” illustrates how Sharia rapes justice itself.
Interview with Marte Deborah Dalelv:
How women are treated under Sharia law in Dubai Alicia Gali story Part One:
UPDATE 7/22/13 - UAE pardons and frees Norwegian rape victim - given her passport back and allowed to leave.