Saudi pardon of Qatif Girl included her male companion

Arab News:

The official pardon of “Qatif Girl”, which was released late Monday night by Custodian of the Two Holy Mosques King Abdullah, said that the “Qatif Girl” had been subjected to “a brutal crime”. The pardon, which was read by Justice Minister Abdullah Al-Asheikh on Monday night on Saudi Channel One, describes the reasoning for the decision. “According to what has been gathered in the file of this case from the evidence, the facts show that the woman was subjected to a brutal crime, which saddened us,” the statement from the king reads.

“A mistake in pardoning is less than a mistake in punishment, according to Islamic jurists. As no final ruling was issued by the court, besides a (Ta’azir) ruling, we are allowed to pardon her.”

A Ta’azir ruling is one based on an interpretation of Shariah by a judge or panel of judges, rather than a direct reference to proper punishments for specific crimes in the Qur’an or Hadith. The “Qatif Girl” was sentenced to 200 lashes and six months in prison based on an interpretation of her crime (in this case “khulwa”, or “isolation”, with a man in a vehicle) and its detrimental effect on society as determined by the judge.

Asheikh said on Monday to a Saudi local newspaper that the king “is convinced and trusts that the verdicts are just and fair.” But the king’s pardon read by the minister says that the pardon was “because the woman and the man who was with her were subject to torture and stubbornness that is considered in itself sufficient in disciplining both of them and to learn from the lesson.”

The pardon ordered the suspension of the trial against both defendants — “Qatif Girl” and her male companion, who was also reportedly raped — and a continuation of the review of the sentencing of the seven young men found guilty of rape. The king ordered the Ministry of Justice to give the rapists the strictest sentence possible for their crime. The king also issued a warning that no mercy would be given to those who dare to violate Islamic law or pose a threat to public safety.

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I am glad to see her male companion was also pardoned. The Saudis need to use this occasion to reform their Shari'a courts. The conduct of the judges in this case was appalling. It calls into question the judiciary process in Saudi Arabia. How many other cases of injustice occur that do not get public attention?