Monday, September 01, 2014


Afghanistan

Afghans Say Extrajudicial Execution Was Un-Islamic

A video grab shows people watching the execution by gunfire of a 22 year old woman named as Najiba (not pictured) in Qol village, Parwan province.
A video grab shows people watching the execution by gunfire of a 22 year old woman named as Najiba (not pictured) in Qol village, Parwan province.
By Ron Synovitz
KABUL -- Under Shari'a law, death by stoning is prescribed in cases of adultery committed by married men and women.

But Islamic scholars, ordinary Afghan citizens, and even the Taliban say that the recent trial and execution of 22-year-old Najiba in Parwan Province was not carried out according to the rules of Islamic jurisprudence.

That, they say, makes Najiba's death a case of murder -- another crime that is punishable by death under Shari'a law.

Maulavi Hanafi, an Islamic religious scholar from eastern Afghanistan, told RFE/RL that Najiba was killed as a result of an "extrajudicial court" ruling rather than a legitimate Shari'a court decision.

"The true [Islamic] scholars must prevent these extrajudicial courts," he said. "For example, if a crime is committed, there must be evidence provided. Every verdict requires evidence."

A video of the execution, official comments, and media reports indicate that no evidence was presented against Najiba.

WATCH: This video of the extrajudicial killing was heavily edited by RFE/RL to remove its most graphic scenes:
Taliban Execution Of Woman Sparks Outragei
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July 09, 2012
A 22-year-old woman identified as Najiba, accused of adultery, was allegedly shot by the Taliban last week in front of villagers in Parwan Province, just north of the capital, Kabul. The apparent execution was caught on video obtained by Reuters. (Please note: the original video has been edited due to graphic images.)

Reports have widely attributed the trial and execution to the Taliban, but a spokesman for the Islamist group denies Taliban involvement.

Zabihullah Mujahid says Najiba was executed "according to the decision of the people of the region" rather than under a proper Shari'a court ruling.

Tribal Traditions

Mujahid said in a statement on July 10 that Afghans in provincial regions "sometimes make such decisions without being members" of groups or proper Islamic courts.

The Taliban spokesman said villagers issued the guilty verdict and execution order "according to their tribal traditions," rather than Shari'a law.

Maulavi Sidiqullah Fedayee, a Munich-based Islamic scholar from Afghanistan, agrees,

"Islam has very clear rules," he said.  "These clear rules of Islam cannot be changed. Those who implement Shari'a simply on the basis of accusations do not have an adequate understanding of the rules of Islam."

Provincial officials say Najiba's trial, verdict, and execution lasted no more than an hour. There was no appeals process, and the same people who issued the guilty verdict against Najiba also sentenced her.

According to Fedayee, a legitimate Shari'a execution order requires higher standards of evidence, an appeals process, and sentencing by a higher court than the initial trial court:

"In a case of adultery, there must be four witnesses, and these witnesses must testify that they actually saw the woman and a man together engaged in sexual intercourse," he said. "The judge should take all of this testimony to another judge and put all the evidence on the table. It is the second judge who checks that all of these procedures were done properly.

"The second judge must then take all of the evidence to the higher Shari'a Supreme Court. The accused has the right to appeal against the verdicts issued by the lower courts. It is the Shari'a Supreme Court that makes the decision on the punishment."

'Cruel And Unjust'

Many Afghans say the Afghan government needs to expand its presence in rural provincial areas in order to stop executions on the basis of such extrajudicial court rulings.

"The government must prevent these extrajudicial courts because many people are unjustly killed by these extrajudicial courts in a very cruel way," said Kabul resident Khalil Ahmad. "This is happening everywhere."

Samar Gul, a resident of Paktia Province in southeastern Afghanistan, maintains it is wrong for villagers to take the law into their own hands.

"The extrajudicial courts belong to nobody," he said. "We all have to obey our laws and the law must not discriminate between people who are living in urban areas or rural areas. The law must be applied equally."

Afghan President Hamid Karzai says Najiba's execution was a "heinous crime." The case has also brought international condemnation since video of the execution was released this week.

Written by Ron Synovitz, based on reporting by RFE/RL's Radio Free Afghanistan from Kabul and Prague
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Comment Sorting
Comments
     
by: Jack from: US
July 10, 2012 14:13
Coming soon to Kosovo, Chechnya, wahhabi Saudi Arabia and other places that NATO minions have supported.
In Response

by: AfghaniGirl from: Afghanistan
July 11, 2012 15:50
The Taliban denied involvement in the killing in Parwan province, in which an unnamed woman's head and body were riddled with bullets at close range in punishment for alleged adultery.

This comment by the talibans clearly indicates that this work was infact done by made-in-USA taliban who are trained by US in Afghanistan to carry out suicide attacks and do such illegal killings to defame Islam and the real Talibans.
If you really want to know who real Talibans are then listen to Yvonne Ridley a female journalist who converted to Islam after being caught by Talibans. Watch the difference to decide how could Talibans do this killing when they treated Yvonne Ridley so nicely. Do your own research and dont blindly believe on the so called sold media defaming Islam and Talibans so as to justify the attack on Muslim countries. Here is the link...

http://www.youtube.com/watch?v=ahJNgo_aAgg&feature=related

by: Jack from: US
July 10, 2012 14:41
and what is in RFE/RL view is a truly Islamic killing? Chopping your head off? This whole story shows the true face of Islam, with US government behind. US government is a big friend and ally of Muslims, from Saudi Arabia to Pakistan to Chechnya to Kosovo

by: Jimmy Khan from: Kashmir
July 10, 2012 19:24
Please read the article, this murder has nothing to do with Islam. It has more to do with their culture. Islam is trying to change such behavior and traditions, if given chance. It was Islam that stopped the widely practiced female infanticide in the Arabia. Please do some research.

by: Concerned citizen from: USA
July 11, 2012 02:25
I am curious can I sue the RFE/RL if they violate their own rules by letting "Jack" comments through?

http://www.rferl.org/info/forum_rules/427.html
Rule #1: "We do not seek to limit your expression of ideas, but material that is libelous, defamatory, obscene, indecent, abusive, violent, pornographic, threatening, harassing, discriminatory or that constitutes hate speech or is illegal is not allowed and may be deleted at the discretion of the site management."
In Response

by: Andy
July 11, 2012 06:26
@Concerned citizen. While we're human and certainly make our share of mistakes, I believe our moderator in the case of Jack's comments in this thread must have thought that they did not violate those forum guidelines. Certainly some frequent commenters can be distasteful, tendentious, and maddening, but that does not necessarily exempt them from the right to comment. We try to be inclusive and allow for a broad range of views, and we sometimes err but always appreciate readers challenging our work in a constructive way.
In Response

by: Concerned citizen from: USA
July 11, 2012 16:44
All of his comments are anti-American. Possible outcomes: change the rule #1 or block him.
In Response

by: Eugenio from: Vienna
July 11, 2012 12:29
Of course you can sue them for anything if you can serve process. But the judge would likely grant summary judgment to RFE/RL since you're not likely to prove injury or standing.
In Response

by: Jack from: US
July 11, 2012 19:34
why won't you go ahead and sue pants off RFE/RL. It will surely make world better because RFE/RL is CIA-operated propaganda shop promoting US government agenda of state sponsorship of Muslim terrorism, persecution of Christians, and stealing the remaining few liberties and freedoms from American people

by: ahmed from: ph
July 11, 2012 03:44
So it is now a mere matter of the Shariah law vs Tribal Law ?

In the meantime the woman has lost her life , without a fair trial !

So where are the *Men *or the * Man * ; the partners in the adultery.

Adultery in human affairs is as loud and unavoidable as the hills .

Why such a big hysteria about a social misconduct. ??

Who is insane ?


by: Meqsed from: Turkey
July 11, 2012 07:37
Great soft-war amunition for the US against Islam, the US creation of the 1980s, the Talıban and its US backed Wahhabı-Saudi ideologues are the best US weapons against Islam.

Muslims know that indırectely and directely the US imperilaist forces are responciable for her murder as they finance these ideas through the Saudi regıme.

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