charred_heart
3 Sep 2006, 12:39 PM
ABU DHABI ? A man who threatened to kill his former wife and abused her over the phone was found guilty and ordered to pay her a compensation of Dh23,000.
Upholding the verdict of the Sharjah Shariah Court of Appeal on the quantum of compensation, the Federal Supreme Court, however, dismissed her petition demanding his imprisonment for six months in accordance with the verdict issued in her favour earlier by a lower court.
According to the court records the Public Prosecution has accused Essam Eldin Ismail of threatening to kill his former wife Mona Mohammed. He was also indicted with using abusive language while talking to her on the telephone.
The prosecution asked the court to penalise him as per the Shariah rules and the penal code. Mona Mohamed lodged a complaint saying that her former husband had frequently telephoned her and threatened to kill her, the court heard. ?He used abusive language, and since I was very much scared, I recorded his abusive conversation,? she told the court.
When interrogated, the accused denied the charge. The Public Prosecution then sent the recorded tape to the criminal laboratory, and the tests proved that the voice was the defendant?s.
Sharjah Shariah Court of First Instance sentenced him to six months in jail and slapped him with a fine of Dh500 ($136) on the charge of using indecent language. It also ordered him to pay Dh5000 ($1350) to the complainant.
Both of them moved the Sharjah Shariah Court of Appeal, which, on April 19,2004, ordered the amendment of the judgment by making it mandatory on the defendant to pay the complainant Dh23,000 ($6250) as compensation.
The latter contested the ruling at the Supreme Court demanding that her former husband serve six months in jail as ruled by the lower court. The Supreme Court dismissed her petition on May 20 this year and upheld the Court of Appeal?s ruling.
http://www.khaleejtimes.ae/DisplayArticleNew.asp?section=theuae&xfile=data/theuae/2006/september/theuae_september74.xml
I don't know if this is enough or not. The court ruling indicates a dissmisal of the threatening phone calls as serious enough to incarcerate the man. On the other hand, abusive men are generally seen as cowards in the U.A.E. If I was to take into consideration the locals of questionable character's tendencies to promise all sorts of pain and death to those they hate, I would say the man was not going to carry out his threats. Was the ruling a mistake? Should the court have taken a zero tolerance approach?
Upholding the verdict of the Sharjah Shariah Court of Appeal on the quantum of compensation, the Federal Supreme Court, however, dismissed her petition demanding his imprisonment for six months in accordance with the verdict issued in her favour earlier by a lower court.
According to the court records the Public Prosecution has accused Essam Eldin Ismail of threatening to kill his former wife Mona Mohammed. He was also indicted with using abusive language while talking to her on the telephone.
The prosecution asked the court to penalise him as per the Shariah rules and the penal code. Mona Mohamed lodged a complaint saying that her former husband had frequently telephoned her and threatened to kill her, the court heard. ?He used abusive language, and since I was very much scared, I recorded his abusive conversation,? she told the court.
When interrogated, the accused denied the charge. The Public Prosecution then sent the recorded tape to the criminal laboratory, and the tests proved that the voice was the defendant?s.
Sharjah Shariah Court of First Instance sentenced him to six months in jail and slapped him with a fine of Dh500 ($136) on the charge of using indecent language. It also ordered him to pay Dh5000 ($1350) to the complainant.
Both of them moved the Sharjah Shariah Court of Appeal, which, on April 19,2004, ordered the amendment of the judgment by making it mandatory on the defendant to pay the complainant Dh23,000 ($6250) as compensation.
The latter contested the ruling at the Supreme Court demanding that her former husband serve six months in jail as ruled by the lower court. The Supreme Court dismissed her petition on May 20 this year and upheld the Court of Appeal?s ruling.
http://www.khaleejtimes.ae/DisplayArticleNew.asp?section=theuae&xfile=data/theuae/2006/september/theuae_september74.xml
I don't know if this is enough or not. The court ruling indicates a dissmisal of the threatening phone calls as serious enough to incarcerate the man. On the other hand, abusive men are generally seen as cowards in the U.A.E. If I was to take into consideration the locals of questionable character's tendencies to promise all sorts of pain and death to those they hate, I would say the man was not going to carry out his threats. Was the ruling a mistake? Should the court have taken a zero tolerance approach?