'Consensual sex case should be under UAE law'

Public prosecutors and defence lawyers have joined together in court to argue that a 14-year-old girl jailed for having consensual sex with her school bus driver should not have been tried under Shariah.

The basis of the lawyers’ argument is that, first, the girl is not a Muslim, and second, the offence of which she was convicted is covered by UAE law and not Shariah, reported The National.

The Brazilian teenager was sentenced to six months in jail followed by deportation for consensual sex, after initially claiming she had been raped by MH, a 28-year-old Pakistani.

Court records show that the initial Shariah charge of zina (sex out of wedlock) was changed to one of consensual sex because the charge did not meet Shariah standards after the girl withdrew the rape allegation.

For a conviction of zina, according to Shariah, four reliable witnesses should have seen the act or the accused should confess before the court.

Consensual sex should be prosecuted under UAE law. Also, under UAE law, a defendant must be over 18 to be tried as an adult.

The lawyers argue that Abu Dhabi Criminal Court of First Instance has therefore made an error.

Legal experts said while Shariah says a defendant can be tried as an adult when they have reached the age of puberty, it also requires mental and emotional maturity.

Implementing Shariah on non-Muslims is subject to debate, said Dr Ahmed Abdulzaher, a legal consultant for the Abu Dhabi Judicial Department.

Another major issue that complicates the case, according to the advocate Nehro Hajjaj, is a lack of UAE legislation concerning defendants involved in offences against minors, other than domestic abuse cases.

The teenager is still free on bail and attended the hearings with her Brazilian mother and German stepfather.

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