Saturday, July 14, 2007

Updates About the youngest mother in Egypt

I am really surprised how the media is handling this terrible accident in Egypt , I mean  the Newspapers are treating it as something exclusive only for "El-Wafad" daily that they should not even hint to it in their pages, I think this is more than a scoop , it is a human tragedy .

On the other hand the fancy ladies of the Woman and child council are concerned with the incident , Ambassador Moshuira Khatab decided to send psychological specialists to the young poor mother in Nile Delta to make her understand her new role as a mother !! I am sorry but I don't think she needs specialists to make her understand the new role more I believe she needs justice

Already the good news is that the General attorney after watching Hend on TV ordered the next day to escalate her case from the primary criminal court to be directly under the supervision of the District attorney there , this is great but I wonder why only this considers as exceptional case , why not all the rape accidents will be directly under the supervision of the district attorney , I may not familiar with the law in these accidents , but I believe the supervision of the D.A himself will give more attention from the society and the security forces to such cases

There is something weird about the case I don't understand ,it seems that the forensic official report says that the girl is 16 years old and her biological female organs are completed ,it is strange because her lawyer showed her birth certificate and there she turned to be 11 years old , she was born in year 1995 , not to mention how she looks, I wonder why the forensic report said that she was 16 years old , already I know that the biological female body or what ever it is called in English "pardon me as I did not study biology" is not related to the age , and that it is well known that girls in warm hot countries like Egypt and India their biological female organs develop rapidly  than in cold countries and from early age . I don't know how the age will make a difference , of course in case of Hend the age factor plays an important role as she is a child but still I don't find a difference when the rape victim is 16 years old or even 40 years old

I want to say something , this is not something that happens only in Egypt just before anyone jumps and attacks us or attacks our society in fact in the middle east especially in the rich gulf there are even much more worst cases like Hind including sexual abuse and rape from the family members themselves.

Also what happened here I believe is the result of several factors : poverty, lust,unemployment,ignorance,hate and lack of morals and religion , yes despite all the signs of religions in our life in Egypt ,there is no true existence for it as a barrier from such sinful crimes , of course I forgot

According to the Egyptian law the rapist may face either execution or 25 years in jail

According to the Islamic Sharia, well I did some research and this is what I found

The "rape" word was not there in the old day but the concept itself with there , because in the Pre-Islamic times the tribes girls were victim of kidnap and marriage against their well and the well of their parents by the men of the enemies tribes

The clerics use the words of Prophet Mohamed "PBUH" describing this case "Against her well" as the basis for judging in the rape cases

Most of the clerics believe that the adultery penalty rule should be implied on the rapist where as the victim of the rape is innocent and in fact she had the rights of the compensation from injuries

The Original penalties of the rapist according to most clerics are  "and these are in the old day and as far as I know the punishment system in Islam can modified to cope with time":

  • in case of the virgin rapist "the only intercourse he had in his life was during rape" is 100 lashes in a public square and exile for one year
  • in case of the rapist "not virgin" is stoning till death in a public square

The majority of clerics say that but the "Malek" clerics went to another rule that is based upon "El-Harba" rule which is imposed upon those who destroy land and land here means the community , they are saying that the penalty of the rapist should be according to his status in life "read it carefully"

  • If the rapist was a man of opinion and power "an influential man for example" ,he should be executed to crucified in public square
  • If the rapist was no man of power,but only strong then he should be castrated
  • If the rapist was no man of power nor strength then he should be bitten and sent to exile

This is based upon the Quranic Verse

005.033 إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الأرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلافٍ أَوْ يُنْفَوْا مِنَ الأرْضِ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا وَلَهُمْ فِي الآخِرَةِ عَذَابٌ عَظِيمٌ
005.033 The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter;

Al-Qur'an, 005.033 (Al-Maeda [The Table, The Table Spread])

Text Copied from Divine Islam's Quran Viewer software v2.910

Here are some remarks

  • "Wage war against Allah and his messenger" before some wise pants come and tell me you mean non-Muslims , means the criminals who commit crimes against the believers
  • These Rules are only for rape but not other injuries or murder , as in some cases the rapist kills his victim
  • The public square here is used to make him as an example for others to make them fear the disgrace and humiliation
  • Most clerics believed that the virgin rapist can be given another chance of course after his strict punishment
  • The exile for one year or the exile in general as in the old days the world was small
  • The Castration here to take from the rapist from the pleasure and also to take from him the joy of having children , by the way women clerics from few years called to impose this penalty on the rapists but no one listened to them

These remarks are from my own opinion and knowledge by the way

Of course as I said these penalties are to be modified to suite the society and time ,Islam is flexible despite what may some think

We can take from penalty the summary and try to tailor the laws to suite it ,already I believe the Egyptian law did not deviate from the Sharia

Now you and me read it carefully and hopefully you understand it now if you read them again you will not find them saying the victim of the rape should be married from the rapist in order to hide the scandal as the bad social habit say on the contrary , for decades some families on the advice of the police to avoid scandal made their raped daughters marry their rapists in the police-stations ,just like when a boy and a girl have sex and their families know about and go to the police station , of course there is a huge difference between the two conditions but let's say that some police officers have some kind of a twisted thinking

I don't know how the society accepts this , it is not for the protection of the girl ,the rapist here is not punished at all for fear of disgrace ,in fact he is rewarded by marrying his own victim to rape her again , already the police lately began to understand the dangerous of that advice

In Case of Hend some said she could marry the rapist, of course I don't know how and she is younger than 15 years which is the marriage age in Egypt to let for the little baby "Mena Allah" {The gift of Allah} have a father name

What father name is that ?? the name of a rapist !! for God Sake people she is better to be called "Mena Allah Abd Allah" and doesn't know her daddy than to know how she came to earth , by the way "Abd Allah" father name "the Slave of Allah" used to be called and still called to the children who has no mother or father in their birth certificate

Yes she may face troubles because her father name is unknown but again I will return to the Islamic rules that tell that the Children of Adultery and relations outside the wedlock are not to be called by their father names still they are our brothers in faith ,we are not better than them at all at anyway or another and the Arabic Islamic history has famous figures of men who were not called by their fathers name

In the end the case of Mena is the top of the ice-berg

The best comment I read about the case was by my favorite lady writer Skina Fouad

"Hend the Smallest mother in Egypt or the raped Child of Egypt is no the victim of that human wolf "used to describe rapists in Egypt" alone ...but the victim of soft laws that release wolves and wait the tests results...as if rape is not enough to put on the strictest punishment and not to let that wolf return back to that society he raped...The image that was drawn perfectly by the pen of the co-journalist Mamdouh Hassan for the tragedy and how an Egyptian family from four now became five after the born innocent baby "Mena Allah" joined them; lives in a room for no human use...

The picture and the event present another epic for the corruption ,selling banks and establishment does not solve it but it is the change of a regime that made Egypt to be raped by poverty,hunger,thirst and no morality

It wasted and weakened the most powerful fortune nations become strong with and that is its children"

Skina Fouad in Al-Wafad daily 13/7/2007

9 comments:

  1. let me add this info since it is in my flield of profession
    Medical and Forensic authorities all over the world are using one universal system for evaluating the sexual development of adolescents, accordingly they estimate the chronological age if a birth certificate is not available. The presence of an offical birth certificate overrides a forensic report since the later is extimative. This system is called TANNER STAGING for adolescents. You can look it up in the net for further details.
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    I read what Sakina Fouad wrote before i opened your blog to read your updates. I totally disagreed with her. When we judge, we cant be emotional we must be logic. We cant just follow our gut feelings and forget to turn on our brains. You can not accuse somebody of a big crime like rape without foreseic proof AND withuot witnesses. Are you kidding me. That would bring a chaos. Dr. SR, NY 1.40am

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  2. I agree with the Doc. That is not fair for men. Now every slut will blackmail a rich man . it will be " pay or die" since no witnesses or forensic evidence is needed. I want to add one more thing, I dont know why the girl looked to me mentally older than 12years. Yes she looks small but the clearness and sharpness of her description to the incident is beyond age 12. That is my openion. Waguih

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  3. I noticed that the size of your article is inversley proportional to the number of inital comments you recieve. Articles exceeding 500 in word count were invariably receiving less comments ( check yourself). it is also noticeable that whenever you get involved in a big article you give less attention to interaction with your audient ( noticeable too). with average size articles there were open dialogues between us. With big fatty articles you might reply once and late. Internet reader is famous for indigestion to fatty meals and hunger to interaction. Put in your mind that summarizing a written work is a big deal. it is a skill

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  4. WHO CARE TO KNOW ABOUT THE ISLAMIC LAW IF IT IS NOT APPLICABLE. DOESNT NEED TO BE MENTIONED

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  5. In the Gulf area they dont make like " HIND " cause they make " HINDE" from behind hahaha. that is why you dont hear about pregnancy consequences. Former worker in Gulf

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  6. @DrSR,the birth certificate can be obtained easily electronically from the government website now , but I want to ask why there is difference between the ages , can she look like 16 from the sexual development yet she is actually 11 as a professional
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    About Sakina Fouad , she did not call for arresting the man with forensic proof , of course it is hard to obtain witnesses , but usually in other countries the D.N.A of paternity tests take no time as soon as the baby is born ,setting him freely in order to wait till they make sure that the baby is his ridiculous , let's here focus on the main issue ,the rape itself
    Look I do not know but I guess the forensics can test her ,yes they can know if she was the victim of rape and yes they won't be able to determine who did it after 5 months as far as I know except till the baby is born
    here Sakina is not calling for changing the law more than she is criticizing the conditions that made such case happens thanks to the regime
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    Waguih,again read what I said ,Sakina did not call for the cancel of laws but she criticized the slowness of the procedures and how they let him go that easily , look the police is aware that any slut can blackmail any man and that's why they are so careful still it does not know justify the slowness of the procedures , we have here an exceptional case , if that man is 100% guilty then setting him release may expose other girls to risk
    by the way thank God that I was not the only one who noticed the sharpness of the girl alone along with other things I will post that after second read I don't feel comfort too
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    @anonymous,the late reply has no relation with the size of the article ,it is more about when I have the real time to reply but thanks for the tip , I will try to summarize in the future

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  7. @anonymous , the Islamic Sharia is the source of legalisation in Egypt according to the second amendment in the Egyptian constitution ,also in such cases the judge sometimes goes back to it
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    @former worker in the gulf ,not also that seriously it is taboo to speak about this in media like in Egypt , in their press it is ok to speak about such incidents in Egypt but not in Gulf

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  8. Yes Zeinobia, absolutely, an adolescent might have physical development beyond the actual age but watch, here we only talk about sexual and physical development cause it is hormones dependent, NOT the mental developement which is usually proportional to the age. that is way there is a legal age of consent. The observation of mental acuteness here has a question mark. Yes the child looks sharp to me too. Dr SR

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  9. thans for the information Doc and thank Godness I was not the only who noticed the girl sharpness

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